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(영문) 서울동부지방법원 2014.09.24 2014고단1064
상해
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendants are employees of Songpa-gu Seoul Metropolitan Government Da 3 main points of “E”.

1. On November 22, 2013, at around 05:50 minutes, Defendant A, at around 05:50 minutes, had a large drinking value of the injured party F (the age of 37) who was a guest in the room of E main store 1, the Defendant faced with the Defendant’s head on the basis of alcohol, bat off the Defendant’s hair, batd the victim’s head, bat off the bat, batd the victim’s face on one occasion, and 2-3 times the face with the hand floor.

2. Defendant B, who was in the studio E store in the above temporary border, entered the studio No. 1, and opened the victim’s face 3 to 4 times from the victim’s face.

As a result, the Defendants suffered injury to the victim, such as the spathal of the baby requiring treatment for about two weeks.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. An investigation report (Attachment of a medical certificate of injury and a photograph of injury);

1. An investigation report (Attachment of a medical certificate for injury);

1. Application of the video CD-related Acts and subordinate statutes

1. Article 257 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of punishment;

A. Defendant A: Imprisonment;

B. Defendant B: Selection of fine

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014) (amended by Act No. 12575, May 14, 201)

1. The grounds for sentencing under Article 62(1) of the Criminal Act (a) of the Suspension of Execution (Defendant A) (the scope of recommending sentence) (the scope of recommending sentence) general injury [Article 62(1) of the Criminal Act] [Article 62(1) of the Criminal Act] (Article 62(1) (Article 62(1) of the Act [Article 62(1) of the Criminal Act] (Article 6

On the other hand, the judgment is rendered in the same manner as the disposition, taking into account the fact that the degree of injury is relatively minor, the circumstances of the crime, the fact that the defendant was assaulted by the victim, and other various sentencing conditions such as the age, environment, and circumstances after the crime.

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