Text
Defendant
A shall be punished by fine for negligence of KRW 700,00, and by imprisonment for Defendant B, one year and six months.
Defendant
A The above fine shall be imposed.
Reasons
Punishment of the crime
1. Defendant A: (a) around May 4, 2015, at around 21:25, Defendant A’s “E summary” located in Namyang-si, Namyang-si; and (b) above summary.
The victim F, who is an employee of the funeral, has been flicked due to the problem of the victim F and the fee, and assaulted the victim by cutting the victim's trees by hand.
2. Defendant B, at the same time, at the same place as in the preceding paragraph, reported that the above Party A, who was working on the ground of the foregoing reasons, was dissatisfied with the above victim’s body, and took a direction-setting system, which is a dangerous object, by drinking and drinking, was taken into the victim’s face, followed by the victim’s injury. Defendant B, at the same time and place as in the preceding paragraph, took approximately two weeks of treatment.
Summary of Evidence
1. Defendants’ respective legal statements
1. The police statement concerning F;
1. Prosecution investigation reports;
1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 260(1) of the Criminal Act; a fine
B. Defendant B: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act
1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;
1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendant B: Article 62 (1) of the Criminal Act;
1. Defendant A of the provisional payment order: Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act;
1. Determination factors, etc. prescribed in each subparagraph of Article 51 of the Criminal Act, such as the reflection against Defendant A’s mistake, degree of violence, victim’s damage recovery, the age, character and conduct, intelligence and environment of the Defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.