beta
(영문) 서울중앙지방법원 2019.09.04 2019고단3113

상해

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. 피고인 A 피고인은 2019. 5. 12. 00:30경 서울 종로구 C에 있는 ‘D’ 식당 앞 노상 테이블에서 피해자 B 및 E와 함께 술을 마시던 중 피해자로부터 ‘왜 E에게 반말을 하느냐’라는 말을 듣고 화가 나 주먹으로 피해자의 얼굴을 수회 때리고, 발로 피해자의 얼굴을 수회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as leaving the bones of the treatment days, leaving one as soon as possible, and leaving the left eye of the body.

2. When Defendant B suffered violence from the victim A at the same time and at the same place as above, as seen in the foregoing paragraph 1., the Defendant collected 500cc glass clocks, which was a dangerous article on the above table, and got off the victim E from the victim’s hair.

As a result, the Defendant inflicted bodily injury on the victim A, where the head of the body in the days of treatment is about 3 cm, where the head is teared about 3 cm, where the head is teared about 3 cm, and the victim E was harsh.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to internal investigation reports (related to photographs of damage), investigation reports (related to the field), investigation reports (related to B/D photographs);

1. Defendant A of the pertinent Article of the Criminal Act: Article 257(1) of the Criminal Act; Article 258-2(1) of the Criminal Act; Article 257(1) of the Criminal Act;

1. Defendant B subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

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

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

1. Defendant A of the provisional payment order: Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act;

1. Sentencing Criteria for Defendant B;

(a) Scope of punishment by law: Six to five years of imprisonment;

(b) the scope of recommendations according to the sentencing guidelines (a decision of type).