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(영문) 대구지방법원 상주지원 2017.08.22 2017고단24

폭행

Text

Defendant

A A shall be punished by a fine of one million won and by imprisonment of six months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On October 4, 2016, Defendant A discovered that the victim B (3) who did not have a good reputation within the “E” located in Da, and his and her behaviors are drinking alcohol, and Defendant A assaulted the victim’s back head at two times on the floor of hand.

2. 피고인 B 피고인은 제 1 항 기재 일시, 장소에서 피해자 A(42 세 )으로부터 폭행을 당하자 이에 화가 나, 테이블 위에 놓여 있던 위험한 물건인 유리컵으로 피해자의 좌측 귀 부위를 때려 피해자에게 약 2 주간의 치료가 필요한 귓바퀴의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. The legal statement of the defendant A, and the legal statement of the defendant B at the fourth trial date;

1. Each legal statement of witness A and F;

1. Statement of the police statement related to G;

1. Report on internal investigation (No. 3 in the list of evidence), each investigation report (No. 10, 12, 13, and 21 in the list of evidence);

1. Application of Acts and subordinate statutes to each medical certificate and copy of medical records;

1. Article 260(1) (Selection of Penalty) of the Criminal Act (Selection of Penalty) and Article 260(1) (Selection of Penalty): Articles 258-2(1) and 257(1) of the Criminal Act;

1. Reduction of volume (Defendant B) Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 62(1) of the Criminal Act (Article 62(1) of the Suspension of Execution (Defendant B) (The consideration of favorable circumstances among the reasons for sentencing as follows);

1. Article 334(1) of the Criminal Procedure Act (Defendant A)