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(영문) 인천지방법원 2018.08.16 2018고단1724

상해

Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A’s injury: (a) around November 16, 2017, around 20:50, 2017, the Defendant sought to find the house of the Defendant who returned home while drinking together, and drinking together, 65 m., 142 m., 65 m., Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon; and (b) sought to find out the house of the Defendant who was doing so.

The defendant's cell phone number is called "balone," and the victim's face was broken and headed so that the victim's face was cut, and the victim was faced with an injury such as internal autopsy that requires treatment for about 10 days.

2. According to the evidence of the censorship award, etc., Defendant B’s bodily injury caused assault to the victim A (V, 55 years of age) at the same time and at the same place as set forth in paragraph (1), and the victim’s face is shouldered with the victim’s face and the victim’s face cannot be identified with the number of days of treatment. However, although the treatment period was mainly diagnosed with 2 weeks, it cannot be ruled out that the treatment period was more than 2 weeks since the treatment period was not specified with respect to the remaining injury. As such, Defendant B’s injury recognized the above facts.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The legal statement of the witness B (limited to the defendant A);

1. Investigation report (to attach a written diagnosis of injury submitted by a suspect B);

1. A certificate of issuance of a copy of each injury diagnosis certificate or medical record attached to the police suspect examination protocol against the defendant A;

1. Application of Acts and subordinate statutes, such as photographs, body photographs, etc. of the persons under consideration;

1. Relevant Article 257 of the Criminal Act and the Defendants’ Selection of Punishment: Article 257 (1) of the Criminal Act (Selection of Penalty)

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

1. Defendants of the provisional payment order: each of the reasons for sentencing Article 334(1) of the Criminal Procedure Act is the case where the Defendants injured each other, and the degree of injury suffered by Defendant A compared to Defendant B is more serious.

In addition, Defendant B wishes to punish the injury he suffered from Defendant A.