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(영문) 수원지방법원 2017.01.12 2016고단7216
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, the period of one year from the day when this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 9, 2016, Defendant A: (a) performed fluencing and drinking in the “D” restaurant located in Ssung City around 21:20 on October 9, 2016, on the ground that the Victim B (59 years of age) was fluent; (b) caused a dispute with the victim, and (c) caused the victim’s head on the part of the victim by gathering the fluor’s disease, which is a dangerous thing on his/her customer; and (d) flucing the victim’s head on the part of the number of days of treatment.

2. Defendant B, at the time and place specified in paragraph 1, broken the son’s disease, which is a dangerous thing on the inseminator’s left face of the victim, while the said victim had talked with the said victim A (68 tax) at the time and place, and left one time on the left face of the victim, and put the victim into an unclaimed face of the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes governing field and bodily injury;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act for mitigation of a small amount of punishment (the following favorable circumstances):

1. The Defendants, on the grounds of sentencing under Article 62(1)(i) of the Criminal Code of the Suspension of Execution, injured the other party by taking advantage of the fact that the Defendants were in danger of each other.

It is not severe punishment in view of the risk of act.

On the other hand, the fact of crime is recognized and wrong.

There is no penalty under the mutual consent between both parties.

Defendant

B It is also recognized that the record of criminal punishment is not confirmed.

In full view of the above circumstances and other circumstances, the Defendants’ age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the argument of this case, a suspended sentence of imprisonment with prison labor shall be imposed on the Defendants.

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