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(영문) 서울중앙지방법원 2016.08.25 2016고단3460
특수상해등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A on October 14, 2015, after being sentenced to ten months of imprisonment due to a violation of the Punishment of Violences, etc. Act (joint assault) in the Goyang Branch of the District Court (hereinafter referred to as the "Seoul District Court"), it completed the execution of the above sentence on February 27, 2016.

1. On March 12, 2016, the Defendants jointly committed the crime committed by the Defendants at “E” located in Gangnam-gu Seoul Metropolitan Government, and Defendant A was aware of the victim F (33 years of age) on the ground that Defendant A was aware of the victim F (33 years of age), and Defendant A was aware of the victim’s face by drinking, and Defendant B was also aware of the victim’s neck.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendant’s special injury, as stated in the above paragraph 1 at the date, time, place, and paragraph 1 of this Article, when the neighbors were shampampers and shampers, which are dangerous articles that were at the time and place, were shampers and shampers together with the shampers and shampers together with the above F, leading the victim G to the left side of the victim G (the age of 26) to inflict bodily injury, such as shampers and shamps, which require approximately 6 weeks of medical treatment, and the victim H (the age of 28) suffered bodily injury, such as the shampers and shamps, caused the victim H to fab by the fashing of the fash and the fash, thereby causing the victim H to faceing about 2 weeks of medical treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the prosecution with regard to G;

1. Each police statement made with H and F;

1. Each written diagnosis;

1. Each photograph and investigation report (CCTV analysis);

1. Previous convictions in judgment: Application of the provisions of Acts and subordinate statutes of subparagraph (A) of a reply to inquiry, such as criminal history;

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

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault, the choice of imprisonment with labor)

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (the point of joint assault and the choice of imprisonment)

1. Aggravationd Defendant A:

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