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(영문) 서울남부지방법원 2017.06.28 2017고단117
특수상해
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 19, 2016, at around 16:30 on December 19, 2016, Defendant A brought the victim’s face and head seven times by drinking the victim’s head to a beer who was in danger of being in his/her table while drinking together with the victim’s “D main store” located in Guro-gu Seoul Metropolitan Government (D).

In this respect, the defendant carried dangerous articles and put the victim into a room for treatment days of treatment.

2. 피고인 B 피고인은 제 1 항 기재 일시 및 장소에서, 피해자 A(34 세) 과 말다툼을 하던 중 화가 난 피해자가 맥주병으로 피고인의 머리를 1회 내리치자, 그 곳 탁자에 놓여 있던 위험한 물건인 맥주병으로 피해자의 머리를 1회 내리치고, 발로 피해자의 서혜부를 1회 걷어찼다.

In this respect, the defendant carried dangerous articles and put the victim into a room for treatment days of treatment.

Summary of Evidence

[Case No. 1]

1. Statement by the defendant in court;

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

1. On-site and photographs of damage (the crime No. 2 of the judgment);

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 on the spot and damaged photographs;

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 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. Defendants on probation: The Defendants should be punished with severe punishment when considering the risk of committing the crime on the grounds of sentencing under Article 62(1) of the Criminal Act; however, they do not want to be punished by each other; in particular, Defendant B committed a crime in the course of setting up against Defendant A’s act, taking into account the fact that Defendant B committed a crime, etc., the sentence as ordered shall be determined.

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