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(영문) 서울남부지방법원 2017.06.29 2016고단3561
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, for Defendant B from the date this judgment became final and conclusive, it shall be for one year.

Reasons

Punishment of the crime

On November 23, 2013, around 22:15, 2013, the Defendants, while drinking alcohol in the “F” located in Gangseo-gu Seoul Metropolitan Government E, deducted the chair from the female-friendly bridge of the victim G (39 years old) and became the victim and the vision.

D When three faces the face of the victim in drinking, the victim's head was taken of the victim's head. The defendants together with this, when the victim's face, etc. is large due to drinking and salivation, and the victim's face, etc. were injured by the victim's head.

As a result, the Defendants conspired with D and inflicted injury on the victim by carrying dangerous objects.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Entry of a witness I in the third public trial records, and each entry in the witness G and D in the fourth public trial records;

1. Recording recording of telephone conversations;

1. Court rulings;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for a suspended sentence (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended sentence;

A. Defendant A’s general injury in the basic area (from April to June) of No. 1 (general injury): there is no special sentencing factors for Defendant A:

(b) Persons who are specially mitigated in the mitigated area (two months to one year) of No. 1 (the general injury of Defendant B): Cases where punishment is not imposed (including serious efforts for recovery of damage) or considerable damage has been recovered;

2. The crime of this case in which the sentence of sentence was determined was committed by assaulting several persons, and the nature of the crime is not good, and the head was calculated by taking advantage of the main illness, which is a dangerous object, and D, an accomplice, testified to commit the joint crime by the Defendants in this court, and his statement was already made by the judgment.

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