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Reasons
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(영문) 춘천지방법원 강릉지원 2019.05.02 2018고단1115
상해등
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On July 31, 2018, the Defendant assaulted the victim who was under drinking together with the victim B(the age of 40) on the second floor outdoor table of the “D” restaurant in Gangseo-si, Gangnam-si, with the victim B(the age of 40) on the ground that the victim was fluorcing, and was unable to flusing the victim’s brush, and was fluoring the victim’s brush with the brush and pushed the victim on the second floor of the 2nd floor.

B. At around 01:00 on July 31, 2018, the injured Defendant: (a) left the victim B without any power at the same place; and (b) left the victim’s shouldered beer disease; and (c) on the ground that the victim went to himself/herself, he/she saw the victim’s face facing the floor.

As a result, the Defendant suffered injury to the victim, which requires approximately 6 weeks of medical treatment, such as cutting down the body of fright and closing down.

2. Defendant B threatened the victim by putting the victim A (the age of 40) at the time, time, and place of paragraph (b) of Article 1-2, with no power of the Defendant, and by cutting off the beer’s disease on the table table, cutting off the beer’s disease on the table table, cutting the beer’s disease on the table table, putting the victim with a shoulderer who is a dangerous object, and threatening the victim with a sound and threat.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness A, E, and F (defendant B);

1. Statement of the police against B (defendant A)

1. Statement to E by the police;

1. Reports on internal investigation (Attachment to photographs of the injured part of the victim and medical certificate), photographs of the injured part and medical certificate;

1. A investigation report (on-site CCTV photographs and CD attachment), CCTV images, and video CDs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of B Injury Examination Reports by Suspect);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 257(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment, respectively,

B. Defendant B: Articles 284 and 283(1) of the Criminal Act; the choice of imprisonment

1. Concurrent Crimes.

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