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(영문) 서울중앙지방법원 2019.08.22 2018고단8296
상해
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Criminal facts

Defendant

B served as a daily delivery source on the “D store” located in the Gangnam-gu Seoul Metropolitan Government 1st floor, which Defendant A operated, around July 7, 2018, on the ground that Defendant B delayed delivery of the delivery service, etc. at the “D store” around 04:30 on July 7, 2018, Defendant B and the Sinbed hand, and then threatened A with A’s hick, plucked, or plucked A’s face, thereby resulting in an assault that could not identify the number of days of treatment to A during that process.

Defendant

A, at the same place as above, on the ground that Defendant B delayed the delivery service, etc., caused injury to B, such as a non-furnal, in need of treatment for about five weeks, on the ground that he was fighting at body with B and the Silver, and was satisfing the face of the victim due to drinking and satisfy, etc.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness E and F;

1. Each prosecutor's interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to each on-site photograph and written diagnosis of injury;

1. Relevant Article 257 (1) (Selection of Imprisonment) 0 of the Criminal Act: Articles 262 and 260 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation) of the Act on the Suspension of Execution [Article 62(1)] [Article 62(1) of the Criminal Act] [Article 62(1) of the Act on the Suspension of Execution] : The basic area of injury by assault: April to June 1, and June / [Type 2] : Reduction according to the grounds for mitigation (Special Aggravation of Punishment): February to October 10; B: February to January 16 / June / [Determination of Sentence ] The motive and background of the instant crime, the degree of the exercised violence and the degree of damage; the defendants' age, character and conduct records (no number of defendants were punished. Defendant B does not want the other party to be punished) ; circumstances after the commission of the instant crime (no other party's agreement).

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