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(영문) 서울중앙지방법원 2018.04.19 2017고단6326
특수상해
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2017, around 22:10 on July 4, 2017, Defendant A gave a drinking value to the victim B and his/her day-to-day F, G and alcoholic beverage in Dongjak-gu Seoul Metropolitan Government, and F after drinking the victim B and his/her day-to-day F, G and alcoholic beverage, respectively, and the Defendant did not pay KRW 20,000 as there is no money.

In other words, as a problem of the drinking value, the victim was punished for a certain amount of time with the victim, and the head of the victim was 500 c beer residues, which is a dangerous object at the same time, and the victim was put up for approximately two weeks of treatment for the victim.

2. Defendant B, at the time and place specified in the above 1. Paragraph 1. The following circumstances were as follows: (a) Defendant B, who was sprinked with the victim A, was sprinked with 500cc beer residues, which was a dangerous object in the victim A, and was in need of approximately two weeks of treatment for the victim.

Summary of Evidence

1. Statement made by the defendant B in the second public trial record;

1. Statement made by the witness B and F in the third public trial records;

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reduction of volume (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Although the sentencing of Article 62 of the Act on the Suspension of Execution takes the attitude that the Defendant A did not recognize his mistake even though the fact of crime was sufficiently recognized by the witness’s statements, the history of violent crime is not more than two times, and both are fines, contingent crimes, and elderly people are considered as favorable circumstances.

Defendant

B shows an attitude against the nature of violence crime, and considering the fact that it is a fine and contingent crime in favor of the fact that it is not more than two times.

In addition, the punishment shall be determined and the execution of the punishment shall be suspended in consideration of the environmental records of the Defendants and the circumstances that serve as the conditions for sentencing as shown in the argument of the instant case.

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