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(영문) 서울중앙지방법원 2017.11.07 2017고정2929

상해등

Text

Defendant

A shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendants, as the ship of Chinese nationality, was present at the care of the children of the friendship C, the victim D, and E on July 9, 2017, followed by 15 persons, including the above C, the victim D, and the above 15 persons, and put into the “G Singing Practice Center” located in Guro-gu Seoul Metropolitan Government.

1. Defendant A

A. On July 9, 2017, around 20:05, the Defendant: (a) committed assault against B, as described in paragraph (2) of the facts charged, and (b) took advantage of B’s singing out of the singing room; (c) took the victim’s bath on the ground that the victim D (37 tax) was prevented; (d) was sing down the victim’s head collection by hand; and (e) was sing down the victim’s face on one hand, the Defendant inflicted injury on the victim, i.e., the victim, by taking the victim’s face on about two weeks of treatment.

B. The Defendant damaged property by leaving the victim’s face at the time, place, as described in paragraph 1(a), and by leaving the victim’s face at the victim’s seat at the above time, the Defendant destroyed the victim’s inner diameter by leaving 220,000 won at the market price.

2. On July 9, 2017, Defendant B: (a) at the singing room around 20:03, on the ground that part of the victims A (35 years of age) was invested in the beer, Defendant B, who was unable to know the number of days of treatment, such as the victim’s shoulder by hand, and the victim’s face by drinking, and the victim’s face was taken by drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made against A or D;

1. Each report on investigation;

1. A victim's DNA assault to a victim A and photographs and a written diagnosis of injury;

1. The application of Acts and subordinate statutes, such as G singing practice photographs inside and outside the place, and photographs of each suspect and victim's upper parts;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage) and the choice of each fine

B. Defendant B: Article 257(1) of the Criminal Act (Optional to the punishment)

1. Defendant B to suspend the sentence: Fine of 500,000 won;

1. Articles 70 and 69, Section 2 of the Criminal Code for the confinement of a workhouse.