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(영문) 서울서부지방법원 2017.01.25 2016고단3558

상해

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 50,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A around October 25, 2016 at the main point of “D” located in Yongsan-gu Seoul, Yongsan-gu, Seoul on October 25, 2016, the Defendant: (a) took a dispute with the victim B (at the age of 55) who had scam and drinking; (b) took part in the dispute with the victim, and (c) went beyond the floor by scaming the victim’s scam and scambling his head, thereby leaving the victim’s scam and scambling the victim’s scam, etc. requiring approximately two weeks of treatment.

2. Defendant B, at the same time and place as referred to in the preceding paragraph, was dissatisfied with the victim A on the same grounds as that set forth in the preceding paragraph, and was shaking the victim’s head debt, and asked the victim’s face, hand hand, etc. with the hand-to-saw, thereby causing damage to the victim’s multiple character, etc. requiring treatment for about 14 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement made by the police against Defendant B;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257(1) of the relevant Criminal Act concerning criminal facts (the point of injury)

1. The defendant A: The defendant B who was sentenced to imprisonment: The defendant B who was sentenced to a fine

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62(1) of the Criminal Act (Article 62(1) of the Suspension of Execution (Defendant A) (The consideration in favor of the reasons for sentencing as follows);

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant B) are as follows: (a) the Defendants recognized all of the crimes in this case; and (b) completely agreed to each other; (c) the Defendants’ age, sexual conduct, environment, motive and circumstance of the crimes; (d) the degree of each damage; and (e) the circumstances after the crimes, etc., considered various sentencing conditions stated in the arguments in this case.