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(영문) 대전지방법원 공주지원 2016.04.22 2016고단32

상해

Text

Defendant

A shall be punished by imprisonment for four months.

Defendant

The prosecution against B is dismissed.

Reasons

Punishment of the crime

Defendant

At around 06:50 on January 20, 2016, A pointed out the order of common life to the victim B in the three - Dong-dong, Ho-dong, Kui-dong, Kui-dong, Kui-dong, Kui-dong, Geum-dong, the victim was injured by the right-hand, the right-hand side of which needs to be treated for four weeks, and the victim was able to walk with the face of the victim at one time due to his hand.

Summary of Evidence

1. Defendant A’s legal statement

1. Protocol concerning the examination of suspect B;

1. Statement made by the police for E;

1. F's self-written statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. In a case where the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act regarding criminal facts, the grounds for sentencing of sentence of imprisonment [the scope of recommended] general injury [the scope of recommended punishment], the mitigation area (two months to one year] [the victim] [the victim] also has considerable responsibility for the occurrence of crime or the expansion of damage [the decision of sentence] sentenced to imprisonment with prison labor for four months, even though the defendant was under prison labor, it is inevitable to choose imprisonment with prison labor by exercising violence.

However, it is considered that the defendant is led to confession and reflect in depth, and that the victim is also responsible for violence.

In this context, the defendant's age, sex, circumstances of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

Dismissal of Public Prosecution (Defendant B)

1. On January 20, 2016, the Defendant: (a) around 06:50 on the charge, the Defendant pointed out that the victim A pointed out the order of community life of the Defendant at three water-Dong Dong-dong, Kui-dong, Kui-dong, Kui-dong, Kui-dong, Kui-dong, Kui-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and used the victim’s “A

2. We examine the judgment. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, the victim is prosecuted.