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(영문) 서울중앙지방법원 2018.06.07 2017고단3778
특수상해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[2017 Highest 3778 [Defendant A] around 23:50 on May 31, 2017, at E-cafeteria located in Gangnam-gu Seoul, Defendant A tried to cut home by drinking the victim F. (36 years old) and drinking alcohol, but the victim was unable to get the body, and the victim was walking the victim's head, walking the victim's hair, walking the victim's hair, and kiding the head, which is a dangerous object on the floor, putting the victim on the floor. The victim was suffering from a small disease, the head part of the victim's head was cut one time, and the victim's head was collected adjacent to the victim's head.

As a result, Defendant A, carrying dangerous objects, assaulted the victim.

[2017 Highest 6709] Defendants were siblings, and around 04:00 on August 6, 2017, on the grounds that they were drunkly drinking to the Defendants, Defendant A took the victim’s face by drinking, and Defendant B got off the victim’s face. Defendant B got off the victim’s knife.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

[2017 Highest 3778]

1. Defendant A’s legal statement

1. Each legal statement of the witness J and K;

1. Written statements of J and K;

1. A damaged photograph (2017 Height 6709);

1. Defendants’ respective legal statements

1. Legal statement of a witness I;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. I's photograph;

1. Application of CCTV video-related Acts and subordinate statutes to crime scene;

1. Relevant Article of the Act on the Punishment of Violences and the Selection of Punishment A: Articles 261 and 260(1) of the Criminal Act (the point of special assault), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 260(1) of the Criminal Act, and Article 2(2)1 of the Punishment of Violences, etc. Act (the point of joint assault), and Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the choice of penalty)

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The order of provisional payment:

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