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(영문) 인천지방법원 2017.07.12 2016고단7923

특수폭행

Text

Defendant

A shall be punished by a fine of 3,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Around September 23, 2016, the Defendant: (a) 08:45 on September 23, 2016, while drinking alcohol to the aged people in F located in Dong-gu Incheon Metropolitan City, Defendant assaulted the victim by putting the hack pipe (1m in length), which is a dangerous object put in a nearby chemical group, on the ground that the victim B (the victim B) who was flick in the foregoing drinking field and talked with the Defendant’s head and talk.

2. Defendant B, at the same time and place as Defendant A (46 years of age) and at the same time as paragraph 1 of this Article, destroyed the victim’s head and body body part 3 to 4 times with the hacker, with the victim’s chest, and the knife the victim’s body part, and then cut the victim’s face by drinking, and cut the hack pipe (1m in length), which is a dangerous object used by the victim, and then cut the victim’s head and body part 3 to 4 times with the hack pipe so that the victim’s head and body part can tear the victim’s head and body part that cannot be identified.

Summary of Evidence

[Defendant A]

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A protocol of seizure and a list of seizure;

1. The photograph of seized articles [Defendant B]

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police officer;

1. Application of Acts and subordinate statutes to photographs and photographs of seized articles;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 261 and 260(1) of the Criminal Act; selection of fines

B. Defendant B: Article 258-2(1) of the Criminal Act, Article 257(1) of the Criminal Act

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Protective observation and orders to provide community service and attend lectures: Defendant B: Article 62-2 of the Criminal Act;

1. Defendant A: Article 48(1)1 of the Criminal Act;

1. Defendant A of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not good in light of the form of each of the crimes in this case and the method thereof.