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(영문) 전주지방법원 군산지원 2018.11.28 2018고단1138

상해

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A and Defendant B are those who work for day duty, and are residing in the "D" for private welfare facilities in each Gunsan City C.

1. At around 04:30 on August 3, 2018, Defendant A, under the influence of alcohol from the living room “D” on the first floor of the above private welfare facility “D, without any justifiable reason, inflicted injury upon the victim, such as cutting off the head and body of the victim B (47 tax) and the body of the body of the body of the victim who was divingd in the living room, and cutting off the victim’s body by hand, and caused the victim to go beyond the victim’s body of the table in the living room, and caused the victim to go against the side interest in the table of the truster in the living room.

2. Defendant B, at the same time and place as described in paragraph 1, set up against the assault of the victim A (48 years old) and the same victim A (48 years old), and assaulted Defendant B, as his hand, the head of straw with a stone straw, which is a dangerous object under TV, by putting the victim’s head into his hand, and then boomed a part of the victim’s processed strawle.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Domestic History Report - Application of Chapter nine on-Site photographs and Acts and subordinate statutes.

1. Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Defendant B who selects a fine: Articles 261 and 260(1) of the Criminal Act; Selection of a fine;

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (the Defendants) lies in the degree of injury inflicted on Defendant A for the sentencing of Article 334(1) of the Criminal Procedure Act, and it is not good that assaulting the victim without any particular reason is a crime.

However, it seems that the victim was assaulted in the process of realizing the victim's friendship who lives together with the private welfare facilities, and that it was not intended to assault the victim in bad faith from the beginning, and it is against the misunderstanding, and it is advantageous that the victim does not want the punishment against the defendant.