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(영문) 대구지방법원 2016.05.13 2016고단1140
상해
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 300,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On September 22, 2015, Defendant B, at around 20:50, the Defendant committed assault with the victim A (52 taxes) who had walkings and tobacco on the alleyway in front of a restaurant in Daegu-gu, Daegu-gu, about September 22, 2015, by hand without any reason.

2. Defendant A, at the same date and time as described in paragraph 1, and at the same place as described in paragraph 1, on the ground that the victim B (52 taxes) was sealed of the Defendant’s face as described in paragraph 1 of this Article, she saw the victim’s face into the floor one time by taking the victim’s face into consideration once, and suffered injury to the victim several times, such as cutting off the face and body of the victim for about six weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the protocol concerning the interrogation of the suspect to the prosecution against the defendant A (including the statement of the defendant B);

1. Statement in each protocol concerning the suspect examination of the police officer against F, G, and H;

1. Description of the written diagnosis of injury;

1. Application of each of the visual Acts and subordinate statutes to photographs by dynamic images stored in CCTV CDs and by capturing CCTVs;

1. Relevant Article 257(1) of the Criminal Act (the choice of imprisonment) and Article 257(1) B of the Criminal Act concerning the crime: Article 260(1) of the Criminal Act (the choice of a punishment penalty);

1. Defendant B to be detained in a workhouse: Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A [the scope of applicable sentences in law] 1 month or 7 years of imprisonment [the amount of punishment in law] - Where the victim is fully responsible for the occurrence of a crime or the expansion of damage due to the general injury caused by violence [the person subject to special sentencing] - [the scope of recommendation] mitigation area / [the scope of recommendation] 2 months or 1 year [the scope of suspended execution] - Where the victim is fully responsible for the occurrence of a crime or the expansion of damage: there is no effort to recover adverse damage (the decision of sentence] where Defendant A was taken by the victim B beyond the victim B, as well as the spirit thereof.

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