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(영문) 서울중앙지방법원 2014.04.10 2013고단6686
상해
Text

Defendants shall be punished by imprisonment for six months.

The two days of detention days before the sentence of this judgment is made to the Defendants.

Reasons

Punishment of the crime

1. On October 5, 2013, at around 22:45, Defendant A brought a dispute with the victim for late arrival of the victim B (the age of 44) who is an agent in front of the hybrid in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and continued to go beyond the victim's face on one occasion due to a chemical birth, leaving the victim's face part on one occasion, and leaving the victim's chest part on one occasion, and then leaving the victim's chest part on several occasions due to drinking, Defendant A left the victim's chest part on the left side for about two weeks.

2. Defendant B suffered an assault from the victim A (the age of 45) at the same time, time, and place as set forth in paragraph (1) at the same time and place as set forth in paragraph (1), and caused injury to the victim, i.e., internal breathal and booming the victim’s face part for about 42 days, which requires treatment for about 42 days.

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. The defendant A's partial statement in the first trial record;

1. Each police interrogation protocol against the Defendants

1. The police statement concerning F;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes governing body photographs;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 57 of the Criminal Act, including the number of days pending trial (the defendants)

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. In view of the fact that Defendant A, with the reason of sentencing of Article 62-2 of the Social Service Order (the Defendants) of the Criminal Act, has a minor injury on the victim B, and the victim A, with respect to Defendant B, has inflicted an injury first to the victim, the scope of recommendations falls within four months to one year and six months, respectively.

Defendant

A constitutes a negative factor that has a lot of same power and has inflicted an injury first, but the degree of injury is relatively minor, taking into account that the degree of injury inflicted is relatively minor, and with respect to Defendant B, it constitutes a negative factor that the victim A suffered an serious injury, but the victim A first.

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