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(영문) 대구지방법원 포항지원 2020.01.08 2019고단1235
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are in a prison relationship, and victims C(23 years of age) and victims D(23 years of age) are in a friendship relationship.

On April 26, 2019, around 02:16, the Defendants expressed punch games in the north-gu E and F Game Center at the port of port and in front of the F Game Center, and Defendant A expressed that Defendant A expressed to the victims that “The score is shouldered and the spunched.”

Defendant

A due to her bad hand, her fingers and knee face continue to be her knee and knee face in several times, and her face has continued to be her faceed with iron Pipe (not less than 30cm in length) which is a dangerous object in the vicinity of the victim D by generating the body body of the victim D.

Defendant

B was able to carry a bridge of the victim C, bridged on the floor, and boomed the bridge, and her face and chestd on several occasions.

As a result, the Defendants conspired to carry dangerous goods and carried them for about two weeks to the victim C, and put the victim D with an internal area where treatment is required for about two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding C;

1. Each police statement concerning D;

1. Each statement of C, D, G, and H;

1. Each written diagnosis;

1. Report on internal investigation (the photographing of the damaged site and the damaged part photo), report on internal investigation (the dispatch situation at the site), report on internal investigation (the relation to witness and CCTV), report on internal investigation (the confirmation of CCTV at the site of the case containing a criminal scene and attaching video images), report on internal investigation (the confirmation of individual act of the suspected victim through CCTV at the site of the crime), application of Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Defendant A on probation: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be violent crimes; and

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