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(영문) 수원지방법원 2017.12.07 2016고단7669
상해
Text

Defendant

A Imprisonment for six months, and each of the defendants B shall be punished by a fine of KRW 1,00,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On November 9, 2016, Defendant A committed an assault and assaulting with the victim B (26 years old) in the F Resting room located in Suwon-si E, Suwon-si, Suwon-si, about 03:06, that is, the issue of cleaning with the victim B (26 years old). As a result, Defendant A committed an injury, such as assaulting the victim by walking the victim’s bridge, leaving the victim’s face up to the victim’s face due to drinking, and taking the victim’s face on drinking, which requires approximately five weeks medical treatment.

2. Defendant B committed a conflict with the victim A (22) at the above date, time, and at the above place, and as seen above, Defendant B abused the victim’s chest with the victim’s hair, boomed the victim’s hair, and met the body of the victim, thereby impairing the victim’s face face requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. The witness A’s legal statement (defendant B)

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Defendants’ written statements

1. Reports on internal investigation and investigation reports (CCTV relative investigation);

1. 112 A list of reported cases;

1. Each injury diagnosis certificate (A, B);

1. A and B photographs of each damaged part (A, B);

1. Application of CCTV closure photographs and CCTV image CD-related Acts and subordinate statutes;

1. Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Selection of a fine;

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

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (The following circumstances considered favorable to the Defendant among the reasons for sentencing);

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Defendant B’s act on the part of Defendant B of Article 334(1) of the Criminal Procedure Act is merely a passive resistance that does not go against the social norms that occurred in the course of the victim’s wrongful attack, and thus, constitutes a legitimate defense or legitimate act; however, the course and method of the crime that may be known by the evidence (in particular, CCTV images).

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