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(영문) 제주지방법원 2019.02.01 2019고단66
특수상해등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

Reasons

Punishment of the crime

Defendants entered the Republic of Korea as a visa on August 30, 2016 and the period of stay expired.

At around 22:42 on December 30, 2018, the Defendants: (a) took a dispute with the victim E (the age of 43) who was aware of at the D week located in Seopopoposi C; (b) took the part of the victim’s face by drinking first; (c) Defendant B took the part of the victim’s face and body due to drinking and drinking together with it; (d) Defendant A continued to take part in the victim’s face and body body; and (e) Defendant A took part of the victim’s head by taking part of the victim’s head.

As a result, the Defendants jointly carried dangerous articles and inflicted injury on the victim, such as double, snow, and open wound around snow, in which the number of days of treatment can not be known.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. Medical records at an emergency medical center;

1. Application of each damaged photograph, each on-site photograph, and each statute;

1. Defendant A of the pertinent legal provision on criminal facts: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury and the choice of imprisonment), Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury)

1. Defendant A from among concurrent crimes: The punishment shall be determined as ordered in consideration of the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, and the following circumstances:

In favorable circumstances: The defendants recognize and reflect the crime, and the victim's unfavorable condition is that the defendant does not want the punishment of the defendants: since the crime has been committed publicly while staying in the Republic of Korea beyond the period of sojourn permitted, the crime has not been taken off, and the degree of injury to the victim has not been mitigated, and the victim is the victim.

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