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(영문) 대전지방법원 2016.11.29 2016고단1788
특수폭행
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 10, 2016, Defendant B suffered injury to the victim A (year 34) and B while drinking alcohol within 206 from the FMobur 206, the Daejeon Seo-gu, Daejeon, on the ground that the victim was under the influence of alcohol, and the victim took a bath to the Defendant, on the ground that the victim was under the influence of alcohol, Defendant B sustained five times the face of the victim on the drinking. On the other hand, the victim’s head at one time, who is a dangerous object in that place, was in need of approximately two weeks of treatment.

2. Defendant A, at the same date and time as in the preceding paragraph, and at the same place as in the victim B (the age of 43), the victim B’s face was taken 3,4 times in drinking, and the victim G (the age of 31) who performed drinking was fighting between the Defendant and the victim’s disease on the ground that the victim G (the age of 31) was fighting with the victim’s head at the same time and in the same place as in the preceding paragraph (the victim B (the age of 43) was flicked by the victim’s head at one time in the main illness.

Summary of Evidence

1. Defendants’ legal statement

1. A’s legal statement;

1. The police statement concerning G;

1. Damage photographs;

1. A medical certificate;

1. Application of the inquiry and reply statute

1. Relevant Articles 261 and 260(1) (Selection of Imprisonment) of the Criminal Act; Articles 258-2(1) and 257(1) of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. The major point of the case is the case of using violence as a main illness, which is a dangerous object for the reasons for sentencing under Article 62(1) of the Criminal Act, under the circumstances unfavorable to the defendant, the fact that it resulted in an contingent crime, the fact that it was agreed with the victims, and the fact that it is led to confession and rebuttals, shall be considered in favor of the victim.

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