beta
(영문) 창원지방법원 2020.09.24 2020고단167

상해

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one thousand won,00,000 won.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A: (a) around 22:45 on August 12, 2019, at the street in front of Kimhae-si, Defendant A: (b) made a pre-contracted call to a marina shop where the victim B (25 years old) works as an employee, and took a look at the victim in the currency with the victim; and (c) directly talked with the victim at the said place in the said place; (d) made a verbal dispute, and (e) made the victim’s face by drinking, Defendant A left the victim’s body with both arms at a time and at a time.

As a result, Defendant A suffered injury to the victim, such as inside and outside of the inner area and marropic marry, which require approximately four weeks of treatment.

2. Defendant B, at the time and place described in paragraph (1), was brought to the victim A (the age of 37) for the foregoing reasons, and the victim’s face was taken one time, and the victim’s chest was pushed to the victim’s chest by hand.

Accordingly, Defendant B abused the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Investigation report (suspects A and B photographs) and investigation report (on-site CCTV images);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Defendant B who selects imprisonment: Article 260(1) of the Criminal Act; Selection of a fine;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B: The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act (in a case where a suspended sentence is invalidated or revoked), Defendant A was sentenced to imprisonment for six months with prison labor by the Changwon District Court on August 19, 2014 and was sentenced to a two-year suspended sentence for the crime of injury at the Changwon District Court on eight occasions; Defendant B did not have any record of criminal punishment (excluding protective disposition) except for a fine of five hundred thousand won due to the violation of the Automobile Management Act; the circumstances leading up to the occurrence of the above case; the degree of assault committed by the Defendants to the other party; the degree of injury inflicted by the Defendants to the other party; and Defendant A did not agree with the Defendant B.