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(영문) 서울북부지방법원 2017.06.08 2017고단1351
특수상해등
Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2017, at around 00:10, the Defendant: (a) carried out horse fighting between E (30 taxes) and F (31 taxes) in the tabler who was adjacent to the D’s restaurant located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) and (c) on the ground that F, who was faced to E, went beyond the table of the client where the Defendant’s daily walking of the Defendant is drinking; (c) was frighted into the face of E; and (d) the beer f, who was frighted into F’s face.

F in place of posts has sustained an open room for heading that requires treatment to the extent of two weeks.

The Defendant assaulted the Victim E with a glass beer, which is one of the dangerous objects, and inflicted an injury on the Victim F with a motter, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of E or G;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the screen by cutting CCTV course;

1. Articles 258-2 (1), 257 (1), 261, and 260 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Recognition of errors in the determination of punishment under Article 62 (1) of the Criminal Act;

The history of crime (No. 1 of probation, No. 4 of fine) shall be considered.

As a whole, although the other party's act is dangerous, the other party's act was satisfing back on the side.

It shall be punished by alcohol, and the victims shall not be punished by an agreement.

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