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(영문) 서울남부지방법원 2017.10.25 2017고단2875
특수상해
Text

Defendant

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

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

Reasons

Punishment of the crime

On May 27, 2017, around 23:30, at the main point of “E” located on the Yeongdeungpo-gu Seoul Metropolitan Government D and the first underground floor of “E,” the Defendants used the beer’s disease, which is a dangerous object, as their hand, and she saw the beer’s disease to the victim F (ma, South, and 32 years old) who performed drinking at the above main store, and without any justifiable reason, she saw the back head of the victim as the beer’s back head, and Defendant B her head and body body were able to be taken by combining it.

As a result, Defendant A carried dangerous articles with Defendant A, and Defendant B jointly with Defendant A, and the victim suffered bodily injury, such as the number of days of treatment, from which the victim cannot be identified.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

1. Relevant Article 258-2(1) and Article 257(1)2 of the Criminal Act: Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (the choice of imprisonment)

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Defendants of the community service order: Although the Defendants’ liability for sentencing under Article 62-2 of the Criminal Act is not less than mix, Defendant A is not subject to criminal punishment in Korea, Defendant B has no record of criminal punishment other than fine, Defendant B has no record of criminal punishment other than fine, and Defendant B has paid 7,000,000 won and the victim does not want the punishment by agreement, etc. shall be determined as the same as the order.

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