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(영문) 창원지방법원 2017.08.17 2017고단1218

상해

Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[criminal records] Defendant A was punished by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court on June 24, 2015, and on July 2, 2015, the judgment became final and conclusive on July 2, 2015, and is currently under suspension of execution, and Defendant B is a person who has approximately ten times the past record of identical violent crimes.

[Criminal facts]

1. Defendant A, at around 04:50 on March 13, 2017, performed drinking alcohol with female employees at G main points located in Kimhae-si, Kim Jong-si on the ground that the victim B (57 years of age) was under the influence of alcohol and went against himself/herself, and the victim B (57 years of age) suffered injury, such as head, scarfe, scarfe damage on the face of the victim, scarfe, 4 to 5 times, and 6 days on the part of his/her mother.

2. Defendant B, on the grounds as set forth in paragraph (1) at the same time and at a place as set forth in paragraph (1), collected beer’s disease on the table for the same reasons as that of paragraph (1) to the victim A (44). Defendant B, on the face of the victim 3-4 occasions as drinking, she suffered injury, such as a beer’s escape, which requires treatment for about 28 days, to the victim.

Summary of Evidence

Application of the Acts and subordinate statutes to the Defendants’ legal statement injury appraisal report and injury diagnosis report

1. Defendants of the relevant legal provisions concerning criminal facts: Article 257(1) of the Criminal Act

2. Defendants who choose to impose a fine: Selection of fine (including the case of mutual assault, the original agreement was reached, and the reflection was made).

3. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act