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(영문) 대전지방법원 2017.03.02 2016고단4135
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are the workplace rent for the construction of soundproof walls at the same site.

1. On October 23, 2016, Defendant A, at the Spphouse located in Sejong City, performed drinking together with workplace winters, and performed a beer disease, which is a dangerous object on the table, during the conversation with the victim B (49 years old), and followed up once the victim’s right upper part of the part requiring treatment for about seven days.

2. Defendant B committed assault, at the above date, at the above time, and at the above place, Defendant B and the victim A (49 tax) and the victim, who was in danger of the mebb, was fryed, and was frightening the victim, and then flading the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the occurrence of an injury (special injury, etc.);

1. A medical certificate;

1. Application of statutes on field photographs and damaged photographs;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment for the crime: Articles 258-2(1) and 257(1)2 of the Criminal Act: Articles 261 and 260(1) of the Criminal Act (the choice of imprisonment)

1. Defendant A to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act (the following extenuating circumstances in favor of the above Defendant);

1. Defendants in the suspension of execution: Each [Article 62 (1) of the Criminal Act] [Article 62 (1) of the Criminal Act] [Article 62 (1)] (Article 62 (1) of the Criminal Act is applicable to the Defendants when committing each of the crimes of this case; the Defendants do not want the punishment of each of the relevant Defendants under the agreement with each of the victims; the Defendants do not have the same criminal records; in particular, Defendant A did not have the same criminal records; Defendant A only one fine for a crime of this type; the degree of injury to the victim was not severe; Defendant B did not have the degree of injury; in light of the circumstances favorable to the relevant Defendants; Defendant B’s use of each violence; Defendant B had the criminal records of suspended execution due to this type of crime at a disadvantage to the relevant Defendants; Defendant B’s age, sex, environment

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