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(영문) 창원지방법원 2016.07.20 2016고단1437

상해등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

1. Defendant A

A. On November 29, 2015, the Defendant: (a) while drinking alcohol together with the victim E (30 taxes) in the 2studio of “D” located in Kimhae-si, Kimhae-si, around November 29, 2015; (b) determined that the Defendant was misunderstanding that the Defendant was f when the victim was f in the direction of the victim’s head of the F in which the victim was friendly.

Jin only Ra.

“In doing so, the victim suffered bodily injury, such as cutting the body of the victim, which requires approximately three weeks of medical treatment, in consideration of the victim’s face at a time of drinking.”

B. The Defendant interfered with the business of the Victim G’s main shop business by force by avoiding approximately one-hour disturbance, such as cutting down a house fighting with the above E and the body at the time and place described in paragraph 1(a).

2. Defendant B, at the time, at a place specified in paragraph (1) and in the process of speaking the fighting between A and the victim E, laid down a small line with the victim’s head by gathering one main part of the victim’s head, which is a dangerous object, on the ground that the mother and the mother of the victim fell into the floor, and caused injury to the victim, including approximately three weeks open wounds in need of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, F, and I;

1. A protocol concerning the interrogation of suspects of E;

1. Photographs of the damaged scene and vice photographs of the suspect E-damage;

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 (the point of harm, the choice of imprisonment), Article 314(1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

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

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of each community service order;

1. The injury of Defendant A is not minor;