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(영문) 제주지방법원 2018.09.19 2017고단3389
특수상해
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

1. On March 5, 2017, Defendant A: (a) around 19:40, and around 10, the Defendant inflicted injury on the victim’s head and the victim’s salky, etc., on the cafeteria located in Seopopopo City D, namely, “E” restaurant located in Seopopo City; (b) 10, a dangerous object, such as victim F (41) while drinking alcohol without any justifiable reason; and (c) caused injury to the victim, such as cerebrsy, which requires approximately three weeks of treatment.

2. Defendant B: (a) at the same time and around the day specified in paragraph (1), on the ground that there was a defect in the victim F in resisting the act described in paragraph (1) against A; and (b) on the ground that the victim F resisted to the said victim F, he purchased the victim’s face, knee, knee, and carried out treatment for up to 42 days on the part of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and H;

1. Each medical certificate of injury (F), written request for medical treatment (F);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 258-2(1) and Article 257(1)2 of the Criminal Act: Defendant B; Article 257(1) of the Criminal Act; Articles 257(1) and 257(1) of the Criminal Act; Selection of imprisonment;

1. Defendant A who is to be mitigated in amount: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 2

1. Defendants in the suspension of execution: Article 62(1) of each Criminal Act (including the fact that both the Defendants are against each other, the fact that the Defendants are contingent crimes, the fact that there is no record of the same kind of crime exceeding the fine, and Defendant A deposited 1.5 million won with the victim as the person who was the principal of the offense, and Defendant B deposited 4 million won with the victim as the person who was the principal of the offense, etc.)

1. Defendants of the community service order: Article 62-2 of the Criminal Act;

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