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(영문) 서울남부지방법원 2016.06.29 2016고단1164 (1)
특수상해
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On November 15, 2015, the Defendants conspired with C on November 15, 2015, 02:02:10, the victim E (27 tax) and F (29 tax) in the front of Yeongdeungpo-gu Seoul Metropolitan Government D on the street, and Defendant A got back to the victim F by having a plastic, which is a dangerous object in the street, once he gets out of the way, and then turned out the way, etc. one time, and C was able to take back the shoulder and head of the victim E by drinking, and Defendant B was able to take back the shoulder and head of the victim E by drinking.

Accordingly, the Defendants conspired with C to carry dangerous objects and assaulted victims E and F respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the suspect interrogation of the Defendants, F, and G

1. Report on the occurrence of an injury (a group, deadly weapon, etc.);

1. Application of H’s written Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1), and 30 of the Criminal Act concerning the facts constituting an offense, and the choice of fines (see, e.g., Supreme Court Decision 261, 260(1), and 30 of the Criminal Act);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

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