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(영문) 서울중앙지방법원 2016.10.05 2016고단4062
특수상해등
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

At around 20:20 on January 1, 2016, the Defendants collected the victim F(57 years of age) and Si expenses at the “E” restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government D, and the Defendant A collected the victim’s hair, which is a dangerous object that was shouldered above the table, toward the inside part of the above victim. Defendant B her head as a plastic, which is a dangerous object in the restaurant, and her head was collected once from the victim. Defendant B continued to gather the victim’s chest.

As a result, Defendants conspired to commit violence against the victim by carrying dangerous objects.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against G and F (the defendant B and his defense counsel stated that the defendant B was unable to memory under the influence of alcohol at the time of the crime of this case, and that the defendant B was in an insane or a state of mental or physical disability. The records show that the above defendant was in a state of mental or physical disability. The above defendant's drinking at the time of the crime of this case is recognized, but it cannot be deemed that the defendant did not have the ability to discern things or make decisions, and therefore, the above argument is rejected). Thus, the above argument is not

1. Article 261, Article 260 (1), and Article 30 of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. The sentencing criteria [Scope of recommendations] types 6 (Habitual, Cumulative, and Special Violence) and the basic area (6-10 months to 6-10 months) of assault crimes;

2. According to the sentence decisions, the sentencing conditions indicated in the records of the instant case, such as the following circumstances and the Defendants’ age, character and conduct, environment, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered.

Unfavorable circumstances: The crime of this case is dead.

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