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Defendant
A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
On November 27, 2015, the Defendants 18:20, while drinking alcohol at the drinking house of “E” in the name of “E” located in Seosan City, the Defendants got involved in a dispute with the victim F (F, 38 years old) who was seated on another table, and Defendant A took the part of the victim’s head on his hand, and Defendant B took the part of the victim’s head on his hand, and Defendant B took the part of the victim’s head on his hand.
As a result, the Defendants jointly inflicted injury on the victims, such as cerebral sye, requiring medical treatment for about two weeks.
Summary of Evidence
1. Each legal statement of witness F, G and H;
1. A medical certificate of injury in the preparation of a medical doctor I;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Article 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Determination on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act
1. The Defendants and the defense counsel asserted that there was no injury to the victim as stated in the facts of the crime committed by the Defendants.
However, the following circumstances acknowledged by the evidence adopted by this Court are as follows: ① The victim, from this time to this court, was able to see the victim’s face with his hand and scambling the victim’s head by scam and scam the victim’s head by hand, and Defendant B took several scamblings of the victim’s head by scambling the victim’s head.
The consistently and specifically stated that the victim visited the hospital on the date of the occurrence of the case, and stated that the victim "Guta" is "Guta" and that the victim needs to observe the two weeks of medical treatment.