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(영문) 인천지방법원 부천지원 2019.08.13 2019고단1570
특수상해
Text

Defendant

The punishment against A shall be six months, and the punishment against Defendant B shall be four months, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

1. At around 00:30 on February 14, 2019, Defendant A, at the main point of “D” located on the first floor of Seocheon-si, Seocheon-si, C, with the victim B (the age of 51) who was under the influence of alcohol and singing together, was obstructed by singing in a disturbing manner, and the victim’s head was placed one time on the microphone, which is a dangerous object cited in his/her hand.

As a result, the defendant carried dangerous articles and inflicted bodily injury on the victim for about two weeks of treatment.

2. The defendant B suffered an assault from the victim A (the age of 50) due to the same reasons as the statement in paragraph (1), and caused injury to the victim, i.e., the victim’s face face at around three times by drinking in response thereto, and the victim’s face at the upper body facing the victim again, and the victim suffered injury, i.e., the victim’s face at least three weeks by drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the accused;

1. Statement to E by the police;

1. Investigation report (D business telephone call);

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 258-2 (1) and Article 257 (1) B of the Criminal Act: Defendant B: Article 257 (1) of the Criminal Act; Selection of imprisonment;

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

1. The suspended execution (the defendants) comprehensively takes account of the circumstances leading up to each crime on the grounds of sentencing, the implements used for the crime and the degree of injury caused by each crime, the existence and contents of the same kind of force (the defendant A has no record of being punished for the same crime, and the defendant B has a record of being punished for the same crime), there is no effort to recover each damage, and there is a confession of each crime and a mistake.

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