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(영문) 서울중앙지방법원 2017.06.14 2016고단7277 (1)
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On July 19, 2012, the Defendant appealed from the Cheongju District Court to nine months of imprisonment for fraud, etc. However, on December 4, 2015, the judgment of dismissal of appeal was finalized on December 12, 2015 by the same court.

On October 9, 2012, when the above appellate trial was in progress, the defendant was released as the revocation of detention, and the above appellate trial was proceeded without the attendance of the defendant, and the above appellate court was sentenced to the above dismissal judgment.

The crime of this case was committed after the defendant was released as the revocation of detention and before the judgment of the first instance court became final and conclusive by the dismissal of appeal. It is difficult to view this as "where he was sentenced to imprisonment without prison labor or heavier punishment and the execution thereof is completed," and it does not apply Article 35 of the Criminal Act.

[2] The Defendant and the Defendant, C, D, E, and F (hereinafter collectively referred to as Defendant and the above five persons, referred to as “Defendant et al.”) are those who were classed members of the N organization “H organization” in Songpa-gu Seoul Metropolitan Government Entertainment Service as a part of its activities.

Defendant

In order to participate in the event at the level of “H organization”-based funeral ceremony living in Jeonnam-do, the victims I and the victimsJ were instructed to attend the event. However, the victims planned to assault the victims who refused to follow the direction of the steering staff in order to correct the deceptive order within the organization that did not leave the place of promise.

F sent text messages to the victim J that “I am only her so far as I am? I am?”

After learning victims, the victims were invited to the building in Songpa-gu Seoul Metropolitan Government, which is a dormitory for the early employees, the victims arrived and the defendant, E, and F waiting for the victims were divided into two parts of the victims and the vehicle, and the human being was funched.

E around 02:00 on September 21, 2014, E is a dry field hole adjacent to the Songpa-gu Seoul Metropolitan Government Lo apartment M.

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