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(영문) 춘천지방법원 영월지원 2017.02.14 2016고단536

상해

Text

Defendant

A shall be punished by a fine of KRW 4 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

1. On July 31, 2016, at around 18:05, the Defendant reported that he had a dispute with D Parking Lot E, in front of the D Parking Lot E, the victim B (47 aged) and that he had a horse, the victim “the son must go to her,” and the Defendant her hand sphered with her fat, and her sphered with her spherb, and her sphered hand, and her face and the back water her face were hicked one time respectively, and the victim’s her head was sphered with the victim’s head, and the victim was injured by blood sphering the right 14 days in need of treatment.

2. Defendant B, at the same time and place as set forth in paragraph 1, told the Defendant that the victim A (34 tax) was dissatisfied with F, and told that “packer ought to go to go to F,” and on one hand, he saw the victim’s breath and trace, and committed 4-5 assault against the victim’s bridge.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. On-site photographs, CD extracts, heading 16 on-site photographs;

1. Application of the Acts and subordinate statutes of injury diagnostic certificate (65 pages of investigation records);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 257(1) of the Criminal Act; selection of fines

B. Defendant B: Article 260(1) of the Criminal Act; selection of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Consideration of favorable circumstances, such as the fact that Defendant A committed the instant crime at the same time during the period of suspension of execution due to the crime of coercion, etc., the victim’s mental shock in the place where his family members are located, the fact that he was unable to receive a letter from the victim, the fact that he deposited KRW 1.4 million for the victim, etc.

2. The degree, circumstances, etc. of Defendant B’s assault;