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(영문) 서울동부지방법원 2016.11.09 2016고단2223
상해
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. At around 00:20 on May 25, 2016, Defendant A, while working together with G in F head office located in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant carried out a game by liding lids of bovine spongne’s disease, and the lids lids lided by the victim H (WW 25 years old) of the city Do, where the victim H (W 25 years old) was seated, the Defendant she sawd the victim as the victim’s head debt flick, and flicked the victim’s face by hand, etc. at approximately two weeks of treatment.

2. Defendant B, at the date and time and place indicated in the preceding paragraph, reported that he was aware of the fact that his female-friendly job offers H above, and took the rest of the victim’s face by taking the victim’s head debt, taking the victim’s face by hand, etc., and led the victim to approximately three weeks of medical treatment.

Summary of Evidence

【Paragraph 1 of this Article】

1. Defendant A’s legal statement

1. Each legal statement of the witness H and B;

1. A medical certificate [paragraph (2) in the market];

1. Defendant B’s partial statement

1. Each legal statement of witness A and G;

1. The medical certificate of diagnosis (the defendant B did not have any act of assault against the victim A, and only told the victim A of fighting, and even if the victim committed the assault, it constitutes self-defense. However, in full view of the evidence adopted and examined by this court including the consistent statement of the victim, the facts charged in this case can be sufficiently recognized. Furthermore, it is difficult to view the defendant's assertion as self-defense in light of the situation where the assault occurred at the time or the degree of the assault. Accordingly, the defendant's assertion is rejected

1. Defendants: Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act; Selection of fines

1. Defendants to be suspended from sentence: 1,000,000 won by fine; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendants of suspended sentence: Article 59 of the Criminal Act.

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