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(영문) 인천지방법원 2017.11.29 2017고단7349
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

1. Defendant A, around July 31, 2017, around 01:55, 01: (a) around 01:55, the Defendant performed drinking together with Non-Party D and Non-Party B (35 years of age) with Non-Party D and Non-Party B (35 years of age); and (b) the victim called “Non-Party B” as “The head of the relevant plant, which is a dangerous object to the North Korean bird, carried the back head of the victim and carried out two open measures that require treatment for about 21 days for the victim.”

2. Defendant B, at the time, at the time, and at the place specified in paragraph (1), committed an injury to the mouth above the part of the Defendant, which requires medical treatment for about 42 days, by setting up against the assault of the said victim A (35 years).

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. Statement made by the police with regard to D;

1. Investigation report (a suspect A's telephone conversation case);

1. Application of each injury diagnosis certificate, on-site photographing statutes;

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;

B. Defendant B: Article 257(1) of the Criminal Act; Articles 257(1) of the Criminal Act; Articles of imprisonment

1. Defendant A to be mitigated of a small amount: Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants subject to suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below);

1. Scope of the recommended sentences according to the sentencing criteria;

A. The crime of special injury by Defendant A is one for which the sentencing guidelines are not set, and the punishment against Defendant A is set within the scope of the applicable sentences by law in consideration of the following circumstances:

B. Defendant B [Types of Determination] (General Sentencing) No. 1 (Special Sentencing) of ordinary bodily injury - Reductions (including serious efforts to recover damage) - Aggravations (including serious efforts to recover damage): serious injury (1 and 4) [Determinations in the sphere of recommendation] basic area [the scope of recommended punishment] from April to one year and six months [general person subject to sentencing] - Reductions: Serious reflects.

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