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(영문) 창원지방법원 마산지원 2016.10.05 2016고단659
특수상해등
Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months;

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendants, and D, of violation of the Punishment of Violences, etc. Act (joint injury) and the Defendants were drinking together with drinking at the point of “F” located on the first floor of the building in Changwon-si E in Changwon-si, Magwon-si, Seoul, around July 13, 2015.

D While the daily behaviors of the victim G, who had been drinking in the side table table, continued to perform the work with the Defendants and D, and the victim talks about the body of the Defendants, the victim expressed that the Defendants and D's table table and D were humped with the victim's hump "on humping hume, hume hume hume." on the hand floor, the victim's face was humd one time by drinking, and the Defendant A humpdddddd with the victim's head one time with the hand floor.

D continued to get the victim's head at one time due to an empty disease, which is a dangerous object, and the victim's face was taken at one time due to drinking.

As a result, the Defendants jointly with D led the victims to an unknown brain saliv, grhum, open room in the surrounding areas of snow, etc. in which detailed treatment for about 28 days is required.

2. As described in paragraph (1), Defendant A, in collaboration with Defendant A and Defendant B, inflicted an injury on the Victim G, and reported that Defendant A attempted to take care of the Victim G, including the victim’s will, and attempted to take care of the victim’s personal body, and committed violence by taking a brupted disease, which is a dangerous object, toward the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each interrogation protocol of the accused A and D prepared by the prosecutor;

1. Statement of G prepared by the police;

1. A report on internal investigation (a photographic of CCTV recording data that a suspect assaultss a victim);

1. Application of Acts and subordinate statutes of the letter of injury diagnosis to G;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2) and (1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same) and Article 257 of the Criminal Act.

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