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Reasons
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(영문) 대전지방법원 천안지원 2018.10.29 2018고단869
특수상해
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.

However, the defendant A shall be subject to this paragraph.

Reasons

Punishment of the crime

On November 20, 2017, the Defendants were able to take care of the victim E ( South Korea, 18 years old) at the parking lot for the D Building in Seo-gu, Seocheon-gu, Seocheon-gu, Incheon on November 20, 2017 at the location without the Defendant B, and the Defendant A was in possession of the biter’s disease in advance and carried the biter’s view on the victim’s face, and the Defendant C was able to take care of the son’s face;

The victim's face was paid once, and the victim's face was walked once, and the victim's face was taken by head, and the victim's face was taken by head. Defendant B continued to see the victim's breath and 5 times, and met the victim's face and breath by drinking, and Defendant A got the victim's face and breath by drinking. Defendant A got the victim's face after going through the victim's breath from the floor.

As a result, Defendant A possessed dangerous objects, and Defendant B, jointly with Defendant B, inflicted an injury on the victim, such as a spath of the spath, among the right-hands requiring treatment for about 10 days.

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. A protocol concerning the examination of the suspect against the defendant B by the prosecution;

1. Legal statement of witness E;

1. F's statement protocol for reference witnesses by the prosecution: One-time answer type;

1. Investigation report (Submission of a medical certificate of injury);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the site and victim photographs;

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

A. Defendant A: Article 258-2(1) and Article 257(1) of the Criminal Act (a) of the same Act with respect to Defendant A, the part that jointly engaged in an injury is not included in the scope of public prosecution (the third public trial date). (b) Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (joint injury, selection of fines)

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

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order:

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