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(영문) 대구지방법원 2016.04.21 2015고단5581
상해
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Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 800,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On August 31, 2015, around 23:00, Defendant A brought an injury to the victim, i.e., the victim’s face at one time with the floor of hand, bolding the victim’s face, and booming the victim’s face to the floor of drinking, on the other hand, while drinking together with the victim’s B (5 years) at around 301, around 23:00.

2. When Defendant B was assaulted by the victim A (52) at the time and place described in paragraph 1, Defendant B brought about the victim’s face on the floor of hand when the victim was able to take approximately two weeks of her eye and her eye around her eye.

Summary of Evidence

[No. 1]

1. The defendant A's partial statement

1. Each legal statement of witness B and F;

1. Statement made by the police with regard to F;

1. Each medical certificate (No. 1-1, 1-2, and 7) and each investigation report (No. 2) (Evidence List No. 7);

1. The defendant B's partial statement

1. Each legal statement of witness A and F;

1. A protocol concerning the examination of suspect against the defendant B;

1. Application of Acts and subordinate statutes of each investigation report (No. 4,7) (Evidence List No. 4 and 7);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 257(1) of the Criminal Act, the selection of fines (such as the fact that the victim has agreed smoothly with the victim, and the fact that the same crime has not been committed for a period exceeding 10 years);

B. Defendant B: Article 257(1) of the Criminal Act; selection of a fine (such as the fact that the injured person does not want the punishment against the accused; and that the injured person does not weight the injured person’s damage)

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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