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(영문) 전주지방법원 2017.04.13 2016고단2263
특수상해
Text

Defendant

A and B shall be punished by imprisonment for eight months, and by imprisonment for six months, respectively.

However, as to the defendant A and B,

Reasons

Punishment of the crime

The Defendants, at around 04:40 on September 28, 2016, at the main point of the trade name, “F” located in Yansan-gu, Jeoncheon-si, Jeoncheon-si, and on the ground that the victim G (23 tax) collected her beer disease from hand and got up to the Defendants, and Defendant A got up the victim at the same time, when approximately 10 times the victim’s face and chest part due to drinking and growth, she laid down the victim’s face and chest part over the floor, and Defendant B 10 times the victim’s face and chest part due to drinking and growth. Defendant C her head was her hand, which is a dangerous thing on the mebbbb, and her head was her head once.

As a result, the Defendants conspired in collusion and carried dangerous objects and inflicted bodily injury on the victim, such as the opening of the medical head part.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and G;

1. A report on occurrence (Assault) and a report on internal investigation;

1. Application of the law on the photograph of damage (the Defendants)

1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. The reason for sentencing under Article 62(1) of the Criminal Act (refluence of favorable circumstances among the reasons for sentencing) is serious in light of the following: (a) the Defendants conspired in collusion with the victim to commit an act of inflicting bodily injury on the victim due to drinking and launching, or the degree of damage; and (b) the risk and degree of harm of the act of inflicting bodily injury on the victim by drinking and launching.

Defendant

On August 31, 2016, in the case of A, the court has again committed a crime even though there was a fine of KRW 1 million (2016, KRW 4933), and a fine of KRW 5 million on November 14, 2016 due to a violation of the Road Traffic Act (after-accidents), etc. (2016, approximately 6285).

These points are disadvantageous to the Defendants.

However, the defendants stated that the facts of the crime of this case are against the law.

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