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(영문) 수원지방법원 안산지원 2016.05.26 2016고단921
특수상해
Text

Defendant

A Imprisonment for eight months, each of the defendants B and C shall be punished by imprisonment for six months.

except that this judgment.

Reasons

Punishment of the crime

At around 00:23, December 23, 2015, the Defendants, on the ground that at “E” on the third floor of “E” located in Sinung City, the Defendant did not enter the singing hours of the Victim G (26 years of age) who is an employee, and Defendant A had the face of the victim. Defendant A had approximately 13 times or walked the victim’s body due to drinking and launching, Defendant B had the head of the victim two times with knekne, and had the victim two times of navigation with the bee kne, and Defendant C had the victim four times of departure with the launch of dangerous articles.

As a result, the Defendants conspired to commit violence against the victim, thereby causing injury to the victim, such as the body body breath, which requires approximately nine weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning G in the police statement protocol;

1. Application of the respective Acts and subordinate statutes to medical certificates and opinions;

1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The sentencing guidelines are not applicable directly to the sentencing guidelines set by the Sentencing Committee for the reasons of sentencing under Article 62-2 of the Criminal Code of the community service order. However, the sentencing guidelines are not applicable, but some of the sentencing factors and the sentencing guidelines set forth in the sentencing guidelines should be taken into account. In the case where the Defendants conspired with the victims on several occasions with dangerous objects, resulting in injury to the victims, the nature and circumstances of the crime and the criminal intent are not somewhat weak, but the Defendants expressed an attitude to recognize and reflect the instant crime, and the fact that the Defendants agreed with the victims, taking into account all the circumstances, determine the term of punishment like the order and suspend the execution of imprisonment.

It is so decided as per Disposition for the above reasons.

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