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(영문) 서울남부지방법원 2017.08.11 2017고단2942
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 18, 2016, at around 21:30 on December 21, 2016, the Defendant sought a place to discuss wage issues in the residence of Guro-gu Seoul Metropolitan Government B B B, and the Defendant became a vision for the victim D (43) and E (49) changed to himself/herself.

On the next day, at around 22:00, the Defendant, along with a person who was unable to know the name “F” and “F” that was known of the sex of the victims through her birth, sought again at the above place, and the Defendant, “F” and “F” and “F” did not know the face and body of the victim D and E, and “F” sent back the head of the said D through a coffee, which is a dangerous thing in the scheme, and a person whose name was unknown, sent back the head of the said E, from the point of view of the dangerous thing in the scheme.

As a result, the Defendant inflicted injury on the victim D, such as “F” and “the left 5,7, and 8 cages cages at the left fage,” which require the victim D’s treatment for about five weeks, and suffered injury on the victim E, such as “the fages and internal walls,” which require approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1), 257, and 30 of the Criminal Act concerning the facts constituting an offense;

1. There are favorable circumstances such as the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (hereinafter “Aggravated Punishment”) that the Defendant has no record of criminal punishment, and that there was an agreement with the victims.

However, the Defendant’s act of committing the instant crime is planned, and its process and method are very harsh and poor, such as: (a) mobilization of accomplices on the grounds that the Defendant was dead to find victims of a discriminatory violence; and (b) use iron so as to use dysries, coffees, and downs, which are dangerous objects to assault.

For this reason, victims are seriously injured.

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