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(영문) 대구지방법원 의성지원 2013.11.28 2013고단251

상해등

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

On August 14, 2012, A was sentenced to 10 months of imprisonment with prison labor for the crime of injury, etc. in the Daegu District Court's Sung branch on April 24, 2013, and the execution of the sentence was terminated.

1. Defendant A

A. On July 4, 2013, at around 22:30, the Defendant: (a) went to panty only while drinking alcohol at the D main points located in the Gyeongbuk-gun, Gyeongbuk-gun; and (b) the victim B (53 years of age) who was located there was a panty, going to spanty, going to fluor, and fluor, went to the stage; (c) the Defendant: (d) “I am to fluor, I am to fluor; (d) I am to the Defendant; and (e) the Defendant “I am to fluor, I am to fluor, I am to the victim’s left side; (d) I am to the victim outside of the said main points; and (e) caused the victim’s injury, such as an open back part of the part requiring treatment for about 14 days.

B. On July 4, 2013, the Defendant’s interference with business: (a) around 22:30, at D’s main points operated by the Victim E (M, E, 49).

As described in paragraph B, it interfered with the victim's bar business by force by avoiding disturbance, such as wearing a drink with B and fighting his body.

2. Defendant B’s injury

In the process of opposing the victim A(54 years of age), the victim's face was taken once a week, and the victim's face was taken out outside the above main shop, and the victim's face was examined as a non-face face of treatment days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (verification of criminal suspects A repeated crimes and identical records), identifications of each individual and particulars of confinement, written judgments, and other statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 257(1) and Article 314(1) of the Criminal Act (the point of injury and the choice of fines) (the point of interference with business and the selection of fines);

B. Defendant B: Article 257(1) of the Criminal Act (Selection of Fine)

1. Defendant 1. Aggravation for repeated crimes;