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(영문) 의정부지방법원 고양지원 2020.06.11 2020고단855

상해등

Text

Defendant

A A shall be punished by a fine of two million won and by imprisonment of ten months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On February 18, 2020, the Defendant assaulted the victim by spreading the beer face of the victim while she was working in the “D” located in Mangdong-gu, U.S., U.S., U.S., U.S. (A. 38 years of age) with the victim B (A. 38 years of age).

B. The Defendant was injured.

The victim E, who performed the alcohol together at the time, location, and the time, place of the entry in the port, took the defendant the head of the victim, taken the victim's face in hand, taken the victim's face several times by hand, and took the victim's bridge into several times, the victim suffered bodily injury, such as the inside and outside of the part in need of treatment for about two weeks by taking about the victim's bridge.

2. Defendant B’s Defendant A

At the time, place, and victim A (inn, 34 years of age) brought about 500cc beer residues, which is a dangerous thing for the ppuri of the beer, and brought about two weeks of treatment to the victim upon the head of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the suspect examination of E;

1. A written diagnosis of injury (the sequence 8 of evidence list);

1. Application of Acts and subordinate statutes to photographs and investigative reports (in-house CCTV investigations);

1. Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, and Article 258-2(1) and Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, each of which is selected as Defendant A:

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Although the suspended execution (Defendant B) of Article 62(1) of the Criminal Act is contrary to the Criminal Code, in light of the process of committing the instant crime, it appears that the victim, who had performed alcohol at the same time, is a contingent crime in light of the fact that he/she committed the instant crime by spraying it to the ppuri of the Defendant, and the degree of injury suffered by the victim is not excessive.