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(영문) 서울중앙지방법원 2012.12.20 2011고단7603

상해

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Around 00:00 on November 20, 201, the Defendant reported that there was a dispute between the victim G (the 24 years of age) and the victim B (the 19 years of age) on the street in front of Jongno-gu Seoul Metropolitan Government, and prevented the Defendant from participating in the dispute. As the above B came to go beyond the floor of the vehicle in which the victim B was walking, he was able to walk the face of the above B due to the outbreak, and the above G was putting off the face of the above G due to drinking, and putting the above G on the floor, and putting the above G, etc., which requires treatment for about 21 days, and caused the injury to the said G, such as drilling and dump, which requires treatment for about 28 days.

2. Defendant B, at the above time and place, voiced the victim A (the age of 31) to “at the time of female-child festing.” The Defendant inflicted injury on the victim, such as the left-hand side, the inner wall, and the mouths of the lower wall that require treatment for about 42 days by drinking the victim’s face.

Summary of Evidence

1. Defendant B’s legal statement, Defendant A’s partial legal statement

1. Each legal statement of witness G, H, I, J, K and L;

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

1. Defendant A of Article 257(1) of the Criminal Act that applicable law to the facts of crime and choice of punishment: Defendant B who choose to imprisonment: Selection of fine;

1. former part of Article 37, and Articles 38 (1) 2 and 50 (Defendant A) of the Criminal Act among concurrent crimes;

1. Articles 70 and 69 (2) (Defendant B) of the Criminal Act for the detention in a workhouse;

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

1. Article 62-2 (Defendant A) of the Social Service Order Criminal Act first of all, Defendant B appears to reflect when making a confession, reached an agreement with the victim A, and there is no record of criminal punishment as student status. Defendant A is a confession, but the part of the injury to Defendant B is not proven to reflect the victim G while disputing the part of the injury to Defendant G, and the existence of witness at the time of the instant case is denied.