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(영문) 서울서부지방법원 2019.05.29 2019고단992
상해
Text

1. Defendant A shall be punished by a fine of two million won;

If the above defendant does not pay the fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 16, 2018, around 02:50 on September 16, 2018, Defendant A suffered injury by the victim B (year 58) and the vehicle traffic problem on the front of Yongsan-gu Seoul Metropolitan City, taking the victim’s face, and taking about about three weeks’ face, Defendant A suffered injury, such as cutting off and losing dental appliances necessary for medical treatment.

2. The Defendant, at the time and place specified in paragraph (1), caused a fighting disaster with the victim A (the age of 62) for the foregoing reasons, and inflicted an injury on the victim, such as an influence of the face necessary for treatment for about 28 days, when the victim was taken to drink the victim’s face at a time beyond the ground and was taken to drink the victim’s face.

Summary of Evidence

1. The defendant A's partial statement

1. Some police interrogation protocol against the Defendants

1. Photographs of damaged wife;

1. Report on internal investigation (verification of black images);

1. An injury diagnosis certificate (A);

1. Application of Acts and subordinate statutes to an investigation report (a suspect B's statement and diagnosis report, a black scambling card), and a diagnosis report;

1. Defendants of relevant legal provisions concerning criminal facts: Article 257(1) of the Criminal Act

1. Selection of punishment;

A. Defendant A: Selection of a fine

B. Defendant B: Imprisonment option

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act

1. The Defendant A’s criminal act committed by the Defendant that suffered bodily injury, such as the strike and loss of dental technicians who need to be treated for about three weeks, and that there was a history of having been sentenced to a fine once as a result of the crime of violence since 2000. However, the above victim first used violent violence against the Defendant, and the attitude contrary to this law appears to be contrary to this law, and all other circumstances, including the Defendant’s age, character and conduct, career, motive for the crime, and circumstances after the crime, are considered.

2. Defendant B

(a) Scope of applicable sentences under law: One to seven years of imprisonment;

(b) the scope of recommendations according to the sentencing guidelines (a decision of type).

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