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(영문) 서울동부지방법원 2014.10.30 2014고단2401
상해
Text

Defendant

A Imprisonment with prison labor for six months and for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. Defendant A around 01:00 on December 13, 2013, around F 01:0, at the F dan in Gangdong-gu Seoul Metropolitan Government, the victim B(the age of 41) and the drinking value were viewed as trial expenses, and the victim’s face and head was made several times as drinking.

As a result, the defendant suffered injury to the victim for about 30 days, such as the complete escape of a face value that needs to be treated.

2. Defendant B was subject to the above assault from the victim A (the age of 46), and the victim A (the age of 46), and the head of the victim was set up once by the beer's disease, which is a dangerous object on the her table, and turned down the victim's head one time, and the head of the victim's left part and left face were turned down by the shoulderer's disease once.

As a result, the defendant carried dangerous things and inflicted injury on the right side, the upper part, the upper part, and the high wave for about five weeks of treatment on the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement A or B by two police officers;

1. Application of Acts and subordinate statutes to copies of an injury diagnosis certificate, photographs of each injury part, and written diagnosis of each injury;

1. Defendant B of Article 257 (1) of the Criminal Act relating to the relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act;

1. Defendant B subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Where Defendant A (a person subject to special mitigation) has been punished in the mitigated area (two to one year), not subject to punishment (including advanced efforts for recovery of damage), or has recovered from considerable part of damage, in the mitigated area (two to one year) of general bodily injury;

2. Where the mitigated area (1 year and six months to two years), the mitigated area (1 year and six months to six months), the penalty not (including advanced efforts to recover damage), or considerable damage has been recovered from the mitigated area (1 year and six months to six months), the habitual injury, the repeated injury, and the special injury;

3. [Judgment of sentence] The crime of this case concerns the distribution of the drinking value by the Defendants.

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