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(영문) 청주지방법원 영동지원 2017.03.30 2016고단207
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. On November 4, 2016, the Defendant: (a) 17:00 on November 4, 2016, when drinking alcohol together with the victim B (67 cm) at his own house located in Chungcheongnam-gun, Chungcheongnam-do; and (b) when drinking alcohol as a matter of swine transaction, and having been in dispute with the victim, Defendant 1 got out of the land two times as math; (c) turned back the victim’s bat; (d) fat once fat; (e) fats the victim’s clothes; (e) fats the victim’s clothes; and (e) fats the victim’s fat (190cm in length, 100cm in diameter) fats the victim’s right side; and (e) fats the victim’s 4 water bats on the left side for treatment for about 28 days.

2. The Defendant 2 collected bucks from the victim A (63 tax) in the time, at the place specified in paragraph 1, and collected bucks from the victim A (63) to display the bucks, which are dangerous things in the vicinity of the floor by re-ing the bucking the bucks, from the victim, and added the bucks of the victim to the right 14 days to the right side of the victim, which require treatment between approximately 14 days.

Summary of Evidence

[Defendant A]

1. Statement by the defendant in court;

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

1. CCTV video CDs;

1. Injury diagnosis certificate (Evidence No. 11) 【Defendant B】

1. Statement by the defendant in court;

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

1. CCTV video CDs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (Evidence No. 19);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

2. Reduction of a small amount of punishment: Articles 53 and 55 (1) 3 of the Criminal Act;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence.

1. As to whether the sentencing criteria are applied or not, the sentencing criteria are not yet prepared for special injuries provided for in Article 258-2 of the Criminal Act newly established on January 6, 2016.

2. Determination of sentence:

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