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(영문) 수원지방법원 안산지원 2016.02.05 2015고단4060
특수상해
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for eight months;

(b)Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Defendant

A, Defendant B, and Victim D(42) are all foreigners of Chinese nationality who graduated from the same school in China.

On September 13, 2015, the Defendants put the victim and the victim under the influence of alcohol to the Defendants while eating together with the dynamics including the victim, on the ground that they were able to take a bath to the Defendants and put the pedal to the Defendant.

1. At around 14:47 of the same day, Defendant A brought an empty beer disease, which is a dangerous thing for the victim to take a bath and fright while under the influence of alcohol, and got off one time the head of the victim.

As a result, the defendant carried dangerous articles and carried a head part of the body where the number of days of treatment can not be known to the victim.

2. Defendant B, at the time and place indicated in paragraph 1, and on the ground that the victim s/he s/ she s/he s/ she s/ she s/ she s/he she s/ she s/ she she s/ she she s/ she she s/ she she s/ she

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning criminal facts - Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act - Defendant B: Articles 261 and 260(1) (excluding punishment) of the Criminal Act;

1. Reduction of volume - Defendant A: Articles 53 and 55(1)3 of the Criminal Act;

1. Attraction of a workhouse - Defendant B: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution - Defendant A: The fact that the reasons for sentencing under Article 62(1) of the Criminal Act appear to have led to the confession of and reflect against the instant crime; the victim expressed his/her intent not to want the punishment from the investigative agency to this court; the Defendants are the primary offenders; and the Defendants’ nationality and nationality.

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