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(영문) 광주지방법원 순천지원 2019.07.11 2019고단425
특수상해
Text

The defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment for two years, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

around 06:30 on February 9, 2019, the Defendants saw alcohol at D’s D’s house located in D’.

Defendant

A around 06:35 on the same day, at the convenience store near the above drinking house, the victim E(18 years of age) and the time of vision were disputed, and the victim E(18 years of age) and the victim's face was heard, and the defendant B, who received contact from the defendant A and arrived late after the contact with the defendant A, took a boom (80cm in length) which is a dangerous object stored in the troke line between his vehicles, and put the victim's head and back part, and the defendant A continued to put the victim's face on drinking, and the defendant B put the victim's head on the victim's face while the defendant B puts the victim's face.

As a result, the Defendants conspired in collusion and carried dangerous objects with the victim, thereby causing injury, such as cutting down the right-side frame and cutting down the stone, which requires treatment for about 8 weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each part of the police statements of E, F, G, and H;

1. Investigation report (the result of confirmation of CCTV images of 94);

1. Each medical certificate and each statement of opinion;

1. Application of each statute on photographs;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 258-2 (1), 257 (1), and 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Probation and community service order Defendants: The need for strict punishment against the Defendants is high in view of the following: (a) the nature or risk of the instant crime for sentencing under Article 62-2 of the Criminal Act; (b) the background of the relevant crime; (c) the degree of damage to the victims; and (d) the Defendants, who were subject to dispositions by the investigative agency for the same type of crime.

However, under the agreement with the victim and his/her family members, they do not want to be punished against the defendant, and the defendants do not have any criminal record or any criminal record exceeding the fine, and the records and arguments of this case are shown in each age of the defendants, whether they are against the law, and family relationship.

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