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(영문) 서울남부지방법원 2016.09.28 2016고단3364
특수상해
Text

Defendant

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

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2016, around 22:28, at “D cafeteria” located in Guro-gu Seoul Metropolitan Government on June 7, 2016, the Defendants, while drinking alcohol together with the victim E (32 tax) and the victim F (31 tax). While the Defendants, the victim E, who was a high-speed line of ship, and the victim E, changed the bath theory to the Defendants. Defendant A, who was a dangerous object on the table, her head, her head, and her head once the victim E was her head due to an empty disease, which is a dangerous object on the table.

Defendant A continued to restrain the Defendants, thereby getting the head of the Victim F one time due to an empty beer disease, which is a dangerous thing.

As a result, the Defendants conspired in collusion and carried dangerous objects and carried them to the victim E, and put the victim F on the part of this part for the number of days of treatment, and put the victim F on the two string of treatment days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. On-site and damaged photographs;

1. A report on investigation (to take photographs of victims' injuries);

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation);

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 258-2(1), 257(1), and 30 of the Criminal Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants of a community service order: The crime of each of the crimes of this case committed by the victims with injury to the victims due to beer who is a dangerous object for sentencing under Article 62-2 of the Criminal Act, is not weak.

However, the Defendants appeared to have committed a crime by the victim E, who is a second-hand ship, during the victims' and the alcohol, due to the defect of the desire, and recognized the mistake, the degree of injury suffered by the victims is not severe, and the victims do not want the punishment of the Defendants in accordance with the agreement with the victims, and the Defendants in Korea.

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