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(영문) 서울북부지방법원 2015.08.27 2015고단1657
상해
Text

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A around 00:05 on March 15, 2015, around 00:05, on the ground that the victim B (a person aged 44) who was aware of usual knowledge in Dongdaemun-gu Seoul, Seoul, was able to see and see the Defendant’s horses, the Defendant saw the victim’s face one time to drink, and thereby, caused the victim’s face and body to take care of the victim’s face and body to take care of the victim’s body, etc., the Defendant 1 left the left-hand side of the victim requiring eight (8) weeks of medical treatment.

2. Defendant B inflicted an injury on the number of days of treatment by having the victim A(the age of 44) assaulted the Defendant at the above date, time, and place, and by having the victim take one time as drinking once, the part of the victim’s entrance was put up against it, thereby causing three injury to the victim.

Summary of Evidence

Defendant

A

1. Statement by the defendant in court;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police interrogation protocol against the accused;

1. The first and second police interrogation protocol regarding B;

1. Photographs of an injured part;

1. Investigation report (to hear statements of suspects B);

1. Defendant B of the investigation report (B diagnosis report);

1. Statement by the defendant in court;

1. A suspect interrogation protocol of the prosecution;

1. The first and second police interrogation protocol against A;

1. Application of Acts and subordinate statutes to photographs taken in distress;

1. Defendant A of Article 257(1) of the Criminal Act that applicable law to the facts of crime and choice of punishment: Defendant B who choose to imprisonment: Selection of fine;

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

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

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

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

1. Defendant A of the scope of applicable sentences under law: Imprisonment with prison labor for not more than one month to seven years;

2. Scope of recommendations according to the sentencing criteria;

A. Defendant A (a) has no basic area (one month of imprisonment between April and one year and six months) of general injury (a special person)

B. Defendant B: the sentencing criteria are higher than the fine.

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