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(영문) 대전지방법원 천안지원 2016.11.08 2016고단1208
상해
Text

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 02:10 on January 9, 2016, Defendant A, on the ground that the victim B(the age of 19) was satisf in front of the “gy clubs F” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant injured the victim by his hand when he pusheds the victim’s chest part of his chest, sats the face by breaking up one time, leading the head debt, leading the head debt, leading the face by hand, and led the victim’s face with approximately six weeks of treatment.

2. Defendant B, at the time and place specified in paragraph (1), set up against the assault as described in paragraph (1) of the victim A (the age of 19) as indicated in paragraph (1), and satisfyed the victim’s face by hand and satisfying the victim’s face once, and inflicted an injury on the victim, satisfying pains, etc. requiring a medical treatment

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Each statement of G, H and I;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to investigation reports (case ctv video data);

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the crime, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of sentence (Defendant B) Article 59(1) of the Criminal Act (Penalty 1,00,000,000 won per day);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. In a case where Defendant A (a range of recommending punishment) (a person subject to special mitigation) in the mitigated area (two to one year), (a person subject to special mitigation), who is not subject to punishment (including a serious effort to recover damage), or whose considerable damage has been recovered (a decision on a sentence of punishment) is disadvantageous to the victim’s injury.

It is advantageous to the fact that there is no penalty power and seriously reflect it.

This situation, the defendant's age, character and conduct, before and after crimes, and the circumstances were taken into consideration, and the punishment was determined in consideration of the above sentencing criteria.

2. Defendant B (Scope of Recommendation) general injury: Type 1 (General Injury).

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