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(영문) 인천지방법원 2018.03.15 2017고단9258
특수폭행
Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A around December 3, 2017, around 02:45, and around December 3, 2017, around 02:45, the Defendant, while drinking alcohol together with the victim B(52) at the “D” restaurant located on the first floor of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, caused the victim’s face, who is a dangerous object on the food table attached to Si expenses on the ground that he continued to do so.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Defendant B collected beer’s disease, which is a dangerous thing on the table, when assaulted by the victim A (52) at the temporary location set forth in paragraph (1), and laid down the head of the victim once and put the victim’s head into an open room for approximately two weeks, which requires approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the defendant A or B;

1. Application of Acts and subordinate statutes to medical certificates and photographs taken by damaged parts (including photographs at the time of treatment);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 261 and 260(1) of the Criminal Act; selection of fines

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Defendant A with a provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment;

(a) Defendant A: Fines of not less than 50,000 won but not more than 10 million won;

(b) Defendant B: Imprisonment with prison labor for not less than six months but not more than five years;

2. Since Defendant A selected a fine, the sentencing criteria are not applied to Defendant B, Defendant B has not yet prepared the sentencing criteria for special injury as provided in Article 258-2 of the Criminal Code.

(a) Defendant A: Fines of two million won;

B. Defendant B: Imprisonment with prison labor for eight months;

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