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(영문) 의정부지방법원 고양지원 2017.05.12 2016고단2223
특수상해등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. “2016 Highest 2223: The special injury accused against Defendant A is between the victim D (58 tax) and the NAN line.

The Defendant, at around 10:00 on July 23, 2016, while drinking together with the victim at the home of the victim No. 2nd 103 of the E building at around 10:0 on July 23, 2016, was the victim’s “drawing.”

For the reason that the phrase “abreged,” the part of the victim, such as a magrh-gu, was unregnicker’s loss, etc., by getting off the floor of the Abregnicker, thereby causing an injury that could not know the number of days of treatment

2. “2016 Highest 2774: Defendant B, in violation of the Punishment of Violences, etc. Act (joint assault) against the Defendants, took four times the head of the Victim H (41) who is accumulated in the bench in “G Park” located in “G Park” on September 12, 2016 at the Pakistan-si on September 12, 2016, and took place by taking four times in his/her hand the bat of the victim, taking out his/her bat, and bating the bat of the victim’s bat.

At this time, Defendant A got her victim who was in contact with Defendant B, and her hand took three times the victim's buck.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

"2016 Highest 2223"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (related to injury inflicted on a victim);

1. On-site photographs "2016 Highest 2774";

1. Defendants’ respective legal statements

1. A H statement;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article of the Act on the Punishment of Violences and the Selection of Punishment: Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence, the choice of imprisonment): Defendant B: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of imprisonment, etc.;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A to be mitigated of amount: Articles 53 and 55(1)3 of the Criminal Act (the confessions and reflects by the Defendant, and the victim of special injuries is punished against the Defendant.

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