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(영문) 청주지방법원 충주지원 2017.03.17 2017고단32
상해
Text

Defendant

B Imprisonment with prison labor of 6 months, Defendant A shall be punished by a fine of 1,000,000 won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. On November 14, 2016, the Defendant: (a) committed an injury, such as an influenite 21 days in the victim’s face, on the ground that the victim took a part in drinking and singing in “D’s singing room”, including the victim B (64 years of age), on the ground that the victim took a part in drinking while drinking and talking with the victim; and (b) the victim took part in drinking for approximately 21 days on the part of the victim’s face.

2. The Defendant B, at the time and place described in the above 1.1. At the time and place, the Defendant B, as described in the above 1.1., had the face obtained from A as described in the above 1., and had the victim’s head, who was a dangerous object in front of the above singing, had the victim’s head at one time, and had a head covered with the victim’s head for about 14 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Statement made by the police for B and E;

1. Each injury diagnosis report of B and A;

1. A Bodily damaged photo;

1. On-site photographs;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Defendant B of the pertinent provision of the criminal facts: Articles 258-2(1) and 257(1) (a) (a point of special injury) of the Criminal Act; Article 257(1) (a) of the Criminal Act; Article 257(1) (a) of the Criminal Act; Selection of a fine;

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A with the reason for sentencing under Article 334(1) of the Criminal Procedure Act: The confession and rebuttal of Defendant A; the degree of injury is relatively minor; the victim does not want the punishment by mutual consent with the victim; the defendant has a previous criminal record related to violence but has no previous criminal record related to violence since 2000; the defendant's age, sex, environment, family relationship;

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