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(영문) 서울동부지방법원 2017.01.18 2016고단3869
상해
Text

1. Defendant A shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A: (a) around 02:00 on October 13, 2016, at the main point of “D” located in Songpa-gu Seoul, Songpa-gu Seoul; (b) the issue of the order of singing in the victim B (37 tax) and the holes, and (c) the victim was suffering from an injury to the victim who is in need of approximately two weeks of medical treatment.

2. While Defendant B and the victim A (56) were in a dispute with the victim at the time and place described in paragraph (1), Defendant B and the victim’s head was faced with the beer’s disease, which is a dangerous object with which the victim was at his/her customer. As such, the victim’s head cannot be identified.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A medical certificate;

1. Application of Acts and subordinate statutes on reporting the occurrence of an injury;

1. Article 257(1) (Selection of Penalty) of the Criminal Act (Selection of Penalty): Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act;

1. Defendant B to be mitigated: Articles 53 and 55(1)3 of the Criminal Act (including the confession and reflection of the instant crime, and the fact that the injured party agreed with the injured party simply by the agreement that the injured party would not be punished against the accused);

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a stay of execution: Article 62 (1) of the Criminal Act (Concurrent consideration for the reason for reduction of the amount of the above punishment);

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

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