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(영문) 서울동부지방법원 2016.04.14 2016고단203
특수상해
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, at around 00:40 on September 30, 2015, when drinking with wife E, E-gu F and alcohol on the package f in Gangdong-gu Seoul Metropolitan Government, the Defendant listened to the horses that the victim B, who flabing alcohol on the side table, was in a view of drinking, and the victim’s head was flabed with a small-scale illness, which is a dangerous object at the victim’s location beyond E, and the victim’s head was flabed with the victim’s head, and attempted to prevent the victim from blabing the victim’s head, and 3 and 4 parts of the left-hand water register, which require approximately four weeks of medical treatment.

2. Defendant B, at the above date, was in the above time and place with A, and as seen above, the victim FF (33 tax) remaining to run away from the scene after having her own disease, and the victim’s face was taken as drinking by drinking, and the victim was inside and inwards and scams requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol of interrogation of the suspect against the Defendants by each prosecutor (including the confrontation part)

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Each police statement made to F and E;

1. Each statement, each photograph, medical certificate, and medical certificate of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Articles 258-2 (1) and 257 (1)-2 of the Criminal Act and Article 257 (1)-B: Article 257 (1) of the Criminal Act (elective of imprisonment);

1. Defendants on probation: (a) the reasons for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing) are as follows: (b) Defendant A was injured by the victim due to the discharge of a main illness, which is a dangerous object; (c) this is a very dangerous act; and (d) Defendant B was injured by the victim’s face in mind.

In light of these behavior patterns and degree of damage, the defendants' crime is highly likely to be punished.

However, it seems that the defendants recognized the crime and committed the crime by mistake, and caused the crime by contingency.

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