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(영문) 광주지방법원 2017.09.19 2017고단3158
특수상해
Text

Defendant

A Imprisonment for ten months, and Defendant B shall be punished by a fine of five million won.

Defendant

B does not pay a fine.

Reasons

Criminal facts

1. On July 3, 2017, Defendant A, at around 23:00, performed a dispute with the victim B while drinking alcohol with the F restaurant located in Gwangju Mine-gu, and Defendant A, on the ground that, while she took a business issue, the victim’s face was expressed to the defendant without permission and speaks to the defendant, Defendant A had the victim’s face one time at drinking, and had the victim’s face one time at drinking, which is a dangerous object, and had the victim’s disease at once, and had the part of the right back, the number of days of treatment of which cannot be known to the victim.

2. Defendant B threatened the victim with his face, etc. of the victim on the ground of an empty space, which is a dangerous thing in which the victim had been suffering from the dispute at the above date, time, and place, and assaulted the victim on the part of his face 3-4 consecutive drinking.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. G statements;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV screen, etc.);

1. Relevant Articles 258-2(1) and 257(1)2 of the Criminal Act and Article 257(1) B: Defendant B: Articles 261 and 260(1) of the Criminal Act, the choice of fines;

1. Reduction of quantity (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Attraction of a workhouse (Defendant B) Articles 70(1) and 69(2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - The risk of the crime, such as the use of the main illness for the crime, etc. - Defendant B first committed the act of assault, and committed the crime of this case during the suspended execution period after being sentenced to the driver's assault, etc. - On the other hand, the Defendants agreed upon - The victims of the crime committed during the mutual vision are liable for the crime.

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