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Reasons
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(영문) 의정부지방법원 2013.08.07 2012고정2196
상해
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Defendant

A shall be punished by a fine of KRW 800,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 14:15 on June 4, 2012, Defendant B, while cleaning the vehicle inside the “Ggas filling station” located in F in Namyang-si, Defendant B spited the victim’s face and sprinked in the victim’s face, sprinked him/her, sprinked him/her, sprinked him/her, sprinked his/her head, and spacked the victim’s spack with spack, and spacked the victim’s spack with his/her hand, thereby requiring approximately two weeks of treatment.

2. Defendant A and at the same time and place as set forth in paragraph (1) of this Article, on the same grounds as the victim B (the 60-year old age) and in a place as above, was shaking the victim’s fat, and the victim’s knee and knee were knee and fel, and the victim’s chest were fry, etc. requiring approximately four weeks of medical treatment.

Summary of Evidence

【Criminal Facts of paragraph (1) at the Time of Sales】

1. Defendant B’s legal statement

1. A’s legal statement;

1. A investigation report (Submission of a suspect A diagnosis report);

1. Data on CCTV recording in Ggas charging stations;

1. B Trabbboxes and video CDs;

1. Photographs photographs of suspects and CCTV video-recording materials (criminal facts under paragraph (2) on the market);

1. Defendant A’s legal statement

1. Each legal statement of witness B and H;

1. An injury diagnosis certificate (B);

1. Data on CCTV recording in Ggas charging stations;

1. B Trabbboxes and video CDs;

1. Application of the Acts and subordinate statutes to photographs of images of suspects and CCTV recording materials;

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Defendant B to suspend the sentence: Fine of 500,000 won;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Defendant B of suspended sentence: Article 59 (1) of the Criminal Act (including the absence of the same criminal history and reflects against the time of committing the crime, the fact that the victim does not want the punishment against the defendant by mutual consent with the victim after committing the crime, the circumstances leading to the crime, the degree of the crime, etc.);

1. Defendant A of the provisional payment order: Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A).

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