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(영문) 창원지방법원 통영지원 2016.07.28 2016고단447

상해

Text

Defendant

A shall be punished by imprisonment for six months.

Defendant

B and C shall be punished by a fine of KRW 700,000.

Defendant

B and C above.

Reasons

Punishment of the crime

1. On December 27, 2015, the Defendant: (a) at the G singing room located in the CF on the ground that the Defendant was not in mind, and (b) at the G sing room on the ground that he was not in mind, the Defendant sent the drinking value to H et al., the owner of the business; (c) was expelled from the victim C (45 years of age) and the victim B (45 years of age); and (d) at the time of drinking, the Defendant inflicted on the victim C the injury, such as the victim’s singring of the closed singke, which requires approximately four weeks of treatment; and (d) the singke and tension of the singles that require approximately two weeks of treatment to the victim B.

2. Defendant B and Defendant C committed joint crimes at the time, place, etc. set forth in the above paragraph (1), and as seen above, the victim A (50 taxes) was aware of her chest, and Defendant B took twice the victim’s chest with drinking, and Defendant C assaulted the victim jointly by taking two times the victim’s face face.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against Defendant B or C;

1. Statement made to I by the police;

1. Each photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 257(1) of the Criminal Act; Article 257(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 16, 2016); Article 2(1)1 of the Criminal Act; Article 260(1) of the Criminal Act; the choice of fines;

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. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (Defendant B and C);

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

1. Protective observation and community service order (Defendant A) Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (defendant B and C);

1. Defendant A (the scope of recommended punishment) [Defendant A]’s general injury (the scope of recommendation) and the basic area (from April to one year and six months) (no person who is subject to special sentencing] of the sentencing criteria, the reasons for specific sentencing are as follows.