Text
Defendant
A shall be punished by a fine of 50,000 won and by imprisonment of 6 months for each of the defendants B.
Defendant
A does not pay the above fine.
Reasons
Punishment of the crime
1. On August 27, 2015, Defendant A, around 22:09, had been working and stop games in the 10 ridge-dong, Gwangjin-gu, Seoul Special Metropolitan City, at the 10th place adjacent to the 4 parking lot in the 10th place, which became the victim B (the age of 64) who was on the Do-prohibited issue.
The Defendant: (a) made a defect in the phrase “the victim has no money?”; (b) made it difficult to say, “I do not remove money several times in the future”; and (c) assaulted the victim’s face two to three times by one hand with a hand, with a single hand.
2. Defendant B, at the time, at the time and place described in paragraph (1) as seen above, had the victim’s face by breath with one hand while working in the city.
The Defendant continued to enjoy the cage of the victim who was kneee of the Defendant at several times, and was placed on the victim’s knee, and sustained the victim’s face at a time of drinking, resulting in the victim’s injury where the victim cage cage and the bones of cage in the treatment days.
Summary of Evidence
[Defendant A]
1. Statement by the defendant in court;
1. Legal statement of the witness D;
1. Second prosecutor's examination protocol concerning B;
1. Third prosecutor's interrogation protocol (including D statements) concerning B;
1. On-site photographs (Defendant B);
1. The defendant B's partial statement
1. The witness D and A's respective legal statements;
1. Statement by the prosecution concerning D;
1. Application of field photographs and photographs statutes;
1. Relevant provisions of the Criminal Act and the choice of punishment for the crime - The defendant A: Article 260(1) of the Criminal Act (elective of fines) - the defendant B: Article 257(1) of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);
1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;
1. The defendant B and the defense counsel in determining the assertion of the defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act shall face at the level of the defendant's defense against the victim's assault.