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(영문) 제주지방법원 2017.04.21 2016고단2818
상해
Text

Defendant

A shall be punished by a fine of three million won and by imprisonment of six months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On April 30, 2016, Defendant A, while drinking alcohol in “E” located in Jeju Island around April 21, 2016, Defendant A, who drinking alcohol in the next table f, bathing alcohol together with the victim B.

At the same time, after the victim's refusal, the victim suffered bodily injury, such as salt, tension, etc. of clifin which requires approximately two weeks of medical treatment, by making two times the victim's left head part of drinking.

2. Defendant B was assaulted by the victim A at the above time, at the above place, and as such, Defendant B collected one glass cup, which was a dangerous article on the table, and unloaded twice the head part of the victim.

As a result, the defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants to the prosecution (the part concerning the injury of Defendant A)

1. A protocol concerning the examination of each police in relation to F and G;

1. Relevant photographs and photographs (as to the special violence committed by Defendant B once a year, 4,8, and Defendant B), medical certificate (A);

1. Application of Acts and subordinate statutes;

1. Article 257(1) (Selection of Penalty) of the Criminal Act (Selection of Penalty): Articles 258-2(1) and 257(1) of the Criminal Act;

1. Reduction of volume (Defendant B) Articles 53 and 55 (1) 3 (The following favorable consideration) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendants’ age, sex, environment, circumstances, circumstances after the crime, etc.: (a) the punishment as ordered is determined by taking account of various sentencing conditions as shown in the argument of the instant case, including the following circumstances; and (b) the punishment as ordered.

The defendants recognized the crime, the defendant B was assaulted by the defendant A, and the defendant B was liver cancer.

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