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(영문) 서울북부지방법원 2016.07.27 2016고단1454

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to ten months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence at the Sungdong Detention House on March 4, 2015.

Co-defendant D, separated from the Defendant, is a workplace club fee, and around 00:10 on January 19, 2016, at F cafeteria located in Gangseo-gu Seoul, Gangnam-gu, Seoul, and as a result, D’s “in this place after the discontinuance of work” from D.

The phrase "B" was cut on the ground that the victim C(23 3) was tending the victim to this D, D was faced with the victim's face, which is a dangerous object in the table, and D was faced with the victim's head by hand. D was faced with the victim's face, which is a dangerous object in the table.

As a result, the defendant carried dangerous objects with D, and assaulted the victim and inflicted an injury on the victim, such as an external wound, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. The legal statement of the defendant and his separated joint defendant D;

1. A witness G or part of C’s legal statement;

1. Investigation report (Submission of a medical certificate), investigation report (additional submission of a medical certificate for the injury of a victim), and each injury medical certificate;

1. Investigation report (F cafeteria CCTV investigation) and the CD images attached thereto;

1. Before judgment: Application of the Act and subordinate statutes on the search of cases by the Supreme Court attached to the investigation report (Attachment to A's judgment), the Seoul Northern District Court Decision 2013 High Court Decision 2658-1 (Separation), the written judgment attached to the above investigation report, and the written judgment 2015 High Court Decision 2015No310, the investigation report (suspect A's reference materials) and the above investigation report

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Sentencing Articles 32(1)3 and 32(1)2(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability for compensation is not clear).