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Reasons
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(영문) 의정부지방법원 고양지원 2014.10.16 2014고단720
상해
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1. Defendant A shall be punished by imprisonment with prison labor for four months.

2. Defendant B shall be punished by a fine of KRW 2,00,000.

Reasons

Criminal facts

1. At around 03:30 on January 8, 2014, Defendant A faced with the victim G (magnam and 17 years of age) and shouldering in the direction of Gyeyang-gu, Soyang-gu, Hongyang-gu, Mayang-gu, and the Defendant inflicted an injury on Defendant A, who is in need of approximately 4 weeks of treatment on the victim’s face by drinking and launching. Here, Defendant Dan-gu refers to “Ilve. I am Ilve.”

2. At the time and place set forth in paragraph 1, Defendant B and C (the relatives of the above G) took the body of the victim at both sides that the victim A (the South and 22 years old) satisfe the victim’s body and face by the victim’s arms, and Defendant B took part in the victim’s body and face by drinking, and Defendant B took part in the victim’s face by drinking, and Defendant C took part in the victim’s face by drinking.

As a result, the Defendants jointly inflicted an injury on the victim, 'the first-class 1-class sect, etc. in need of treatment for about 4 weeks.'

Summary of Evidence

1. Defendants’ legal statement

2. Examination protocol of Defendant A by the prosecution (including the part concerning G, B, and C’s statements)

3. Application of Acts and subordinate statutes of injury diagnosis report and investigation report (No. 12, 13 No. 13).

1. Relevant Article 257 (1) (Selection of Imprisonment) of the Criminal Act; Article 257 (2) and (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (Selection of Fine) concerning facts constituting an offense;

2. Defendant B and C of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

3. Defendant B and C of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

1. It is an element of sentencing unfavorable to the defendant, such as that the degree of injury caused by the crime of this case by the defendant A was significant, and that the defendant has been punished for violent crimes in the past.

On the other hand, it is favorable for the defendant to recognize and reflect the facts charged in this case, and to regard it as a criminal act that has been committed in a drunken state.

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