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(영문) 서울남부지방법원 2019.05.29 2018고단4174
상해
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. A around 02:00 on May 7, 2018, Defendant A, while drinking alcohol with the victim B, etc. at the Defendant’s residence of Yangcheon-gu Seoul Metropolitan Government and Ddong branch, was fluored in school violence stories at middle school, and the victim’s face was fluenced once, and the victim’s face was fluored for about 8 weeks of treatment.

2. 피고인 B 피고인은 제1항 기재 일시 및 장소에서 위와 같이 피해자 A으로부터 폭행을 당하자 화가 나 욕설을 하면서 피해자와 싸움이 되어 서로 밀고 당기며 나뒹굴다가 피해자의 머리채를 손으로 잡아 당겨 정수리 부분 지름 3-4cm 가량의 머리카락이 뽑히게 하고, 약 2주간의 치료가 필요한 우측 안와 주위부 타박 염좌상 등을 가하였다.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Statement of witness E;

1. The police statement concerning B;

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

1. Defendant B’s partial statement

1. Statement of witness E;

1. Protocol of examination of the witness A;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as injuries and photographs;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: each of the Defendants is subject to a fine under Article 257(1) of the Criminal Act; and

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

1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act [Defendant A] / Defendant A caused the instant case by attacking B first, the degree of injury suffered by the victim B was considerably significant, and the fact that no measures have been taken to recover the damage up to now is disadvantageous.

On the other hand, it is advantageous to the fact that Defendant A recognizes the instant crime and reflects it, and that Defendant A has no other criminal records except punishment once by fine.

The order is made in consideration of all the circumstances regarding the sentencing prescribed in Article 51 of the Criminal Act, such as the above circumstances, Defendant A’s age, character and conduct, environment, and circumstances after the crime.

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