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(영문) 인천지방법원 부천지원 2016.03.31 2015고단2889
상해
Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On August 3, 2015, at around 00:07, the Defendant: (a) avoided tobacco at a 'F' restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-si E; (b) caused injury to the victim, i.e., inside and outside the part of the victim, resulting in approximately two weeks of medical treatment, i.e., inside and outside the part of the victim by drinking.

2. Defendant B suffered an assault from the victim A (56) at the above date, time, and place, as seen above, and caused injury to the victim, such as taking a part of the victim’s inner part of the body, taking the victim’s body flag by hand, and taking the victim’s body flag, and taking the victim’s body flag together with flag, and taking the victim’s body flag by hand.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The witness G and H’s respective legal statements, witness I, A, and B’s respective legal statements;

1. The defendant Gap and his defense counsel asserted that they engaged in passive defense activities by the victim Eul, while the defendant Eul and his defense counsel did not cause injury to the victim Gap. However, according to each of the above evidence, the defendant Eul and the defense counsel asserted that they did not cause injury to the victim Eul, and the defendant Eul and the defense counsel can sufficiently recognize the defendant's injury as above and the fact that they suffered injury. Thus, each of the above arguments cannot be accepted.

Application of Statutes

1. The Defendants: Article 257(1) of the Criminal Act and the selection of fines for the crime

2. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

3. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

4. Defendants who bear the costs of lawsuit: The Defendants’ grounds for sentencing under Article 186(1) of the Criminal Procedure Act do not reflect all the mistakes while denying the commission of crime; and the legal attitude is very poor (the Defendants are consistent to the effect that there is no enemy when they come to face with the other party).

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