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(영문) 서울중앙지방법원 2017.11.29 2016고정3443

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. G and H’s violation of the Punishment of Violences, etc. Act (joint injury), and H around 00:50 on June 14, 2016, on the ground that the Defendant took a bath while drinking together with the Defendant in the front of the J cafeteria, G was found to have been able to take the head of the Defendant’s head in a fluor, fluoring the Defendant’s head, fluoring the Defendant’s head, fluoring the Defendant’s head, fluoring the Defendant’s head, fluoring the Defendant’s head, fluoring the Defendant’s head, and fluoring the Defendant’s head by drinking together with his fluoring the Defendant’s head.

As a result, G and H jointly inflicted injury on the defendant such as cerebral sye which requires approximately two weeks of treatment.

2. The Defendant injured the victim at the time, place, 1) the victim G (n, 45 years of age, 2) and 37 years of age against the assault committed by the victim H (n, 37 years of age). The Defendant was able to take the head debt of the victim G in his hand and to take the head debt of the victim G in his hand, and was able to take the head debt of the victim H in his hand, and was able to take the victim H head debt into his hand in his hand, with the hackbucks, knee, knee, mari, and both arms.

As a result, the Defendant inflicted injury on the victim G on the 15-day crypology damage to the face requiring treatment, and injury on the victim H, such as cryp dump, tension, etc. requiring treatment for about 15 days.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Each police statement made with respect to G and H;

1. A medical certificate of each injury, and a photograph of each injury;

1. Application of Acts and subordinate statutes to a criminal report (Attachment to the said images) and a criminal investigation report (the closure of the said images);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is a justifiable act that does not constitute a legitimate defense of the defendant or contravene social norms.