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Defendants shall be punished by imprisonment for eight months.
However, from the date of the final judgment of this case, each of the above two years against the Defendants.
Reasons
Punishment of the crime
On August 14, 2020, at the main point of "D" located under the Songpa-gu Seoul Metropolitan Government underground around 23:30 on August 14, 2020, the Defendants were at the time when Defendant A, who was the offender, had a dispute about the order of the victim E (53) who was the customer and singing, and the victim’s face was 500ml volume, and Defendant B, who was the birthee, was able to have the victim’s face.
Then, Defendant A calculated the victim’s head on one occasion with beer disease, which is a dangerous object, and Defendant B threatened Defendant B with the flasing of the glass disease containing the flag, which is a dangerous object to the victim.
As a result, the Defendants jointly carried dangerous objects and carried them with approximately two weeks of medical treatment, thereby causing the “two open wound, etc.” to the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police for E;
1. Each statement of the F;
1. A written diagnosis of injury;
1. Application of field photographs, reports on investigation, and Acts and subordinate statutes for investigation reports;
1. The Defendants of the relevant legal provision regarding criminal facts: Articles 258-2(1), 257(1), and 30 of the Criminal Act (the point of special injury), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of common injury)
1. Commercial concurrent defendants: Selection of a sentence under Articles 40 and 50 of the Criminal Act [the lowest sentence shall be punished by the punishment prescribed for a crime of violating the Punishment of Violences, etc. Act (limited to a crime of special injury: referring to the punishment prescribed for a crime of special injury]: Selection of imprisonment with prison labor for each of the defendants;
1. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances);
1. Defendants in a suspended sentence: Article 62 (1) of the Criminal Act ( repeatedly considering the grounds for reduction of amount);
1. Defendants attending lectures: The circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The instant crime was committed by the Defendants, as they were threatening to commit or threaten the victims with glass disease.