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(영문) 창원지방법원 마산지원 2018.12.14 2018고단938
상해등
Text

Defendant

A shall be punished by a fine of 5 million won, and by a fine of 2 million won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A on March 29, 2016, after being sentenced to two years of suspended sentence for a special injury in the Changwon District Court's Msan Branch, etc., on one-year imprisonment with prison labor for a special injury, etc., the judgment becomes final and conclusive on February 3, 2017, and is currently under suspended sentence.

1. 피고인 A 피고인은 2018. 3. 3. 04:10 경 창원시 마산 회원구 D, 지하 1 층에 있는 ‘ ’ 노래 주점 입구 지하 계단에서, 위 주점 업주인 E과 말다툼 중 이를 지켜보던 손님인 피해자 B이 “ 그만 하이 소 ”라고 하면서 자신을 말린다는 이유로 화가 나 “ 니는 뭐꼬” 라며 주먹으로 피해자의 얼굴 부위를 1회 때려 피해자에게 약 2 주간의 치료가 필요한 좌측 상 안검 열상 등의 상해를 가하였다.

2. Defendant B, at the same time and place as the victim A in paragraph (1) at the same time and place as that of paragraph (1) of this Article, she saw the less part of the victim’s face as drinking once a week, she was injured by the victim’s face part, and her part of the victim’s face, which continued to go beyond the stairs, once she got about three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of suspect examination of the police against E or F;

1. Statement of the police statement related to G;

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

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendants agreed smoothly to the mutual agreement; (b) the recognition of mistake and the reflection thereof; and (c) the circumstances and degree of injury; and (d) the history of the offense, etc., the punishment as set forth in the Disposition shall be determined by considering

Dismissal of Public Prosecution (Defendant A)

1. On March 3, 2018, at around 04:30, the Defendant continued to engage in the instant “singing around the instant “singing shop” with the victim E, and continued to set up bucks by F’s bucks that are the same births of the said E, one time, and observed them.

E is assaulted by Easterns.

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