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(영문) 대구지방법원 김천지원 2014.04.30 2014고단187
상해등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 50,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendants are relatives in the sixth degree of relationship.

1. Defendant A

A. On October 30, 2013, the Defendant: (a) around 23:00 on October 30, 2013, the Defendant: (b) at an entertainment drinking club where the trade name near the gold market near the Geum Pyeong-dong, is unknown; (c) was in dispute with the victim B (the age of 32) and the drinking value payment; and (d) was made twice the victim’s face was taken as drinking.

나. 상해 피고인은 2013. 10. 31. 09:00경 구미시 C주택 부근 주차장에서, 위 가항과 같이 피해자 B과 싸움을 했던 과정에 대하여 말다툼을 하던 중 화가 나, 이마로 피해자의 코를 1회 들이받고, 주먹으로 피해자의 얼굴을 4~5회, 배를 3-4회 때린 후, 피해자가 그 충격으로 몸을 앞으로 기울이자 발로 피해자의 왼쪽 무릎부위를 2회 걷어찼다.

On the other hand, the Defendant continued to flee, which means that the victim is "I kne, I kne, I kne," and again, the victim knee knee knee 2 to 3 times, thereby causing injury to the victim, such as the mouth at the bottom of the left kneel knee, which requires about 10 weeks of medical treatment.

2. While Defendant B had a dispute with the victim A (the age of 33) at the time and place set forth in paragraph (1) of Article 1, the Defendant left the victim's face twice due to drinking, 2-3 times due to his face of the victim, and 2-3 times due to his face of the victim, and 2-3 times due to his face of the victim's head, the number of days of treatment of which cannot be identified.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. The police statement of the defendant B;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs;

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

A. Article 257(1) of the Criminal Act of Defendant A (the point of injury), Article 260(1) of the Criminal Act (the point of violence), and the choice of imprisonment with prison labor

B. Defendant B’s Article 257(1) of the Criminal Code, and selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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