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(영문) 수원지방법원 2017.09.15 2017고단758

폭행

Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. On December 29, 2016, Defendant A, on the ground that the “F” located in Suwon-si, Suwon-si, Sinwon-si, would inflict the Victim G (23 tax) on himself/herself, Defendant A, who was dissatisfied with the Victim G (23 tax) with the Victim G (23 tax). During the dispute with the Victim G (23 tax), Defendant A, who was drinking, was assaulted once by the Victim G’s face level as drinking.

2. The Defendant, at the time, at the time, and at the place specified in paragraph 1, 2 metre the face face of the Victim A (19 years) by drinking, and taken care of the victim’s face from the Victim H (19 years old), and taken care of the victim’s face by drinking to the victim’s driver, and taken two times the head head part of the Victim H, which is a dangerous object on the table.

As a result, the Defendant assaulted the victim A, and inflicted two injury on the victim H in need of treatment for about 14 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and G;

1. A report on investigation, a report on investigation (or a counter investigation of the shots I), a report on investigation (a counter investigation of the shots J), and a report on investigation (a confirmation of the CCTV image);

1. A damaged photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

A. Defendant A: Article 260(1) of the Criminal Act; selection of fines

B. Defendant B: Articles 258-2(1), 257(1) (a) of the Criminal Act, and Article 260(1) (a) of the Criminal Act (a point of assault, a point of imprisonment, or a choice of imprisonment)

1. Aggravated concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

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

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A: The defense counsel in Defendant B’s judgment as to the claim for mental disorder (defendant B) under Article 334(1) of the Criminal Procedure Act was given the mental and physical treatment of the Defendant on September 7, 2017, and is under the influence of alcohol at the time of committing the instant crime.