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(영문) 대구지방법원 2017.07.18 2017고단2265
특수상해
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a Mart operator, Defendant B is a manager of a restaurant parking lot next to Mart.

Defendant

A There was no appraisal about Defendant B’s restraint of Defendant B’s use of the restaurant parking lot for marina customers.

1. On April 6, 2017, Defendant A, at the entrance of the “E Hanwon” building located in Daegu Northern-gu, Daegu-gu, Seoul-gu, (hereinafter “Seoul-gu”). While drinking alcohol together, Defendant A raised the issue of using the parking lot for the marina customer, she was fluorcing the victim’s body by hand, she was fluoring the victim’s head into three times, she was fluorcing the victim’s body, and she was fluoring the victim’s face by drinking.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as “stop and frighting,” which requires treatment for about four weeks.

2. Defendant B, at the same time and place as set forth in paragraph (1), was a small-scale disease, which is a dangerous object against the victim A ( South Korea and 41 years old), and was in danger of surrounding surroundings, when the victim’s head was cut down one time, and a part of the victim’s face was sent to drinking.

As a result, the Defendant carried dangerous things with the victim and put up two-time medical treatment to the victim, which requires two-time medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs of each suspect's body), investigation report (Attachment of a report on examination of each suspect);

1. Relevant Articles 258-2(1) and 257(1) of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: The Defendants shall be punished by imprisonment.

1. Defendant B to be mitigated of a small amount: Articles 53 and 55(1)3 of the Criminal Act (the following sentencing is favorable considering the circumstances in which the following sentencing is favorable);

1. Defendants in the suspended sentence: (a) the reason for sentencing under Article 62(1) of the Criminal Act (i.e., sentencing has been repeated in favorable circumstances) is that both the Defendants were in danger of causing injury to the other party as the main illness.

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