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(영문) 서울북부지방법원 2016.09.22 2016고단2476
폭행
Text

1. Determination of the punishment against Defendant A as a fine of KRW 1,00,000 (one million);

Defendant

A does not pay a fine.

Reasons

Punishment of the crime

1. Defendant A, around 22:30 on May 7, 2016, had a opportunity to drink with “F main store” located in Dongdaemun-gu Seoul Metropolitan Government and drink with “B,” and Defendant A had several snows with “A who drinked alcoholic beverage in G and H, and had a dispute with Defendant A, while drinking with the victim, Defendant A had a face and head of the victim on one occasion. Defendant C was satisfing and sated with the victim’s hand.

Defendant

A, as such, assaulted the victim C.

2. Defendant C was assaulted by the victim A at the time, at the time, at the place in the preceding paragraph (1) and at the same time, and after the victim’s chest was pushed down by hand, Defendant C was able to take the face and head of the victim by drinking.

Defendant

C was the right side of the victim A who is unable to know of the treatment period, and the head of the organization, etc.

3. Defendant B, at the time and place set forth in paragraph 1, had the face of Victim H(41) (S) at the dispute between A and C taken about about 10 times as drinking, Defendant B laid down the victim’s body of closed bones for about 4 weeks, for which the treatment period of approximately 4 weeks is required.

Summary of Evidence

Defendant

A

1. Defendant A’s legal statement

1. Joint Defendant B and C’s respective legal statements;

1. Defendant B of each photograph;

1. Defendant B’s legal statement

1. Entry of a protocol concerning the interrogation of suspect of H in the police room;

1. A written diagnosis of injury;

1. Defendant C with each photographic image;

1. Defendant C’s legal statement

1. The legal statement of the co-defendant A;

1. Application of Acts and subordinate statutes on images of each photograph;

1. Defendant A of the pertinent provision of the Criminal Act concerning the crime: Article 260(1) (Selection of a punishment): Defendant B of the Criminal Act Article 257(1) (Appointment of imprisonment): Article 257(1) (Selection of Punishment): Article 257(1) (Selection of Penalty) of the Criminal Act

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (Defendant A and C);

1. Suspension of execution (Defendant B) Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 200,000 won for victims H

1. Protective observation and community service order (Defendant B) Article 62-2 of the Criminal Act;

1. The provisional payment order (Defendant A, C).

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