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(영문) 광주지방법원 목포지원 2016.11.10 2016고단1081
특수폭행
Text

Defendant

A A shall be punished by a fine of one million won and by imprisonment with prison labor of eight months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On February 10, 2016, Defendant A: (a) around 20:10, the victim was suffering from a disease, which is a dangerous thing from the victim, on the ground that the victim rejected the victim’s request for correction of the victim’s request, such as making a more drinking together with the victim B while drinking alcohol; (b) around 20:10, the Defendant collected the disease from the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. At the time and place set forth in paragraph (1), the Defendant: (a) laid the victim’s disease against the Defendant; (b) laid the victim’s disease against him; and (c) laid the victim’s vegetable remains, which are dangerous objects, and (d) laid the victim’s vegetable disease against the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to field photographs and investigation reports (in case of the kind of deadly weapons),

1. The applicable criminal facts and the selection of punishment;

A. Defendant A: Articles 261 and 260(1) of the Criminal Act; selection of fines

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

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

1. Probation, order to provide community service or attend lectures (Defendant B) under Article 62-2 of the Criminal Act;

1. In light of the fact that the Defendants agreed on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A), the degree of damage is a relatively weak and contingent crime, and the fact that the mistake is against each other, the punishment is determined as stated in the order. In the case of Defendant B, probation, community service, and taking into account the fact that the same criminal record is high, and the possibility of recidivism is high, probation, community service, and taking lectures shall be ordered.

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