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(영문) 서울동부지방법원 2014.07.17 2014고단977

상해

Text

Defendant

A A shall be punished by a fine of KRW 700,00,000, by imprisonment with prison labor of Defendant B, and one year and six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. On January 23, 2014, Defendant A around 01:05, at the main point of “D” located in Gangdong-gu Seoul Metropolitan Government, Defendant A, while drinking alcohol together with the victim B (26 years of age) and E, the victim speaks against the Defendant, and when the victim’s face was taken over due to the defect of the desire, Defendant A sustained injury that caused the victim to be drafted for the number of days of treatment.

2. Defendant B, at the time and place indicated in paragraph (1), was assaulted by the victim A (the age of 35) at the time and place, and the face of the victim can be taken in drinking by drinking, and the victim’s head was fested due to an empty disease, and the victim’s head was inflicted upon the victim’s head at the center of head in the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (to hear F telephone statements from the main employee);

1. B Application of the Acts and subordinate statutes concerning the photographs of the parts of the wife A and the parts of the wife A;

1. Article 257(1) of the Criminal Act concerning the Defendants of the relevant legal provisions concerning criminal facts

1. Defendant A who is selected to impose a fine: Defendant B who is selected to impose a fine;

1. Articles 70 and 69(2) of the Criminal Act of Defendant A at the workhouse;

1. Article 62 (1) of the Criminal Act of Defendant B who suspended the execution;

1. Sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B) by Defendant A with a provisional payment order

1. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes; general injury (general injury) [Determination of the recommended sphere] increased area (crime by carrying a deadly weapon or other dangerous articles) (the scope of the sentence recommended] 6 months to 2 years;

2. In light of the fact that the defendant has been punished several times for the same crime, the risk of the method of the crime in this case, etc., the defendant should be punished strictly. However, considering the fact that the defendant is led to confession and reflects, the victim does not want the punishment, and the defendant's age, character, conduct, occupation, intelligence and environment, motive and background of the crime, means and method of the crime, and other circumstances revealed in the arguments, such as circumstances after the crime, etc., it is ordered as a whole.