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Reasons
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(영문) 대전지방법원 2016.11.23 2016고단2521
상해
Text

Defendant

A shall be punished by imprisonment with prison labor of four months, by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2016. 2. 27. 13:30경 대전 유성구 E에 있는 F 식당 주방 안에서 직장 동료인 피해자 B(32세)과 쭈꾸미 작업 문제로 말다툼을 하던 중 화가 나 주먹으로 피해자의 몸과 얼굴을 수회 때려 피해자에게 약 6개월간의 치료를 요하는 치아탈구의 상해를 가하였다.

2. Defendant B, at the same date and time as, and at the same place as, the above paragraph (1) above, committed bodily injury to the victim, such as the right side flachising flachising flachising flachising flachising flachising and flachising flachising flachising flachising

Summary of Evidence

Defendant

A

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A photograph of damaged part (victim B);

1. A written diagnosis of injury (victim B) Defendant B;

1. Each legal statement of witness A and G;

1. A report on internal investigation:

1. Photographs of damaged parts (victim A);

1. The written diagnosis of injury (victim A) (Defendant B argues that there is no time for the victim A, but the victim A made the statement that "Neday" to the defendant B, and the defendant B and the victim reported that they would be able to drink, and the defendant B and the victim reported that they would be drinking, and the facts charged are recognized in light of the victim's legal statement and the victim's body photograph and the victim's diagnosis report) law shall be applied.

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the defendant A shall be sentenced to imprisonment with prison labor and the defendant B shall be elected respectively);

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Defendant A with the reason of sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B): The circumstances of the victim's injury, confessions and reflects against the victim's injury, agreed circumstances, such as the fact that there is no same kind of criminal record, and other favorable circumstances, and the age, character and conduct, environment, motive, means and consequence of the crime.

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