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(영문) 부산지방법원 2016.08.11 2016고단2950

상해

Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B, at around 20:00 on April 6, 2016, sought a “F cafeteria” located in Busan Seo-gu, Busan, where the victim D (54 years old), and demanded a full payment of KRW 1.5 million between the loaned by Defendant B and Defendant B, but, as the victim denied the lending of money, Defendant B would have deducted the snow from the face of having no money.

D. The 1.5 million won, inside the country, is as soon as possible, to be abandoned, and as a result, A has instigated the victim to suffer injury, such as a dup of a cup of a cup of a cupage, which requires treatment for about five weeks.

2. Defendant A suffered injury, such as duplicing a cupture of a cuplic at which treatment for about five weeks is necessary, by putting the victim’s head, etc. in line with the teachers at the above time and place B, pushing the victim’s head, etc. on three to four floors, and breaking the victim’s head, etc. on the part of the cuplic, which requires treatment for about five weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police of D;

1. Application of Acts and subordinate statutes of a medical certificate;

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

A. Defendant A: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; the choice of imprisonment;

B. Defendant B: Articles 257(1) and 31(1) of the Criminal Act; Articles 257(1) and 31(1) of the Criminal Act; the choice of imprisonment

1. Article 62(1) of the Criminal Act

1. The grounds for sentencing under Article 62-2 of the Social Service Order (the Defendants) of the Criminal Act [the scope of recommendation] general injury [the scope of recommendation] in the mitigated area (2-1 year from February to 1 year), where punishment is not imposed (including efforts to recover damage), or considerable damage is recovered (the decision of sentence] where the Defendants used violence against the victims on the grounds that the Defendants did not complete payment of KRW 1.5 million (the decision of sentence). In light of the motive or result of the crime, the case is not somewhat unfavorable.

However, the execution of punishment shall be suspended for a certain period of time in consideration of the circumstances, such as the fact that the injured party wishes to take the preference against the Defendants by agreement with the injured party. However, the execution of punishment shall be ordered together with social service.

The above circumstances.