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(영문) 대전지방법원 2017.11.07 2017고단3599
특수상해
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is an employee of the “E” singing shop in S at Sejong, and Defendant B is an employee of the said singing shop.

1. On July 15, 2017, around 23:50, Defendant A calculated that the victim B (the remaining 45 years of age) drinks alcoholic beverages at the instant singing shop, and again, Defendant A said that “I would go back to his house if I would drink,” and the victim said that “I would go back to the house if I would drink.”

“Acker’s disease, which is a dangerous object on the tables, was collected by booming the victim’s math on two occasions on the ground that he/she intended to do so, and caused approximately two weeks to open the face requiring treatment.

2. Defendant B, at the time, at the time, and at the place described in paragraph (1), the victim A (the remaining and 56 years old), led the victim’s color phone spons by hand against the above assault, led the victim from the second floor to the first floor, led the victim’s face one time, led the victim’s face from the second floor to the second floor, 3-4 times by drinking the victim’s face and body . The victim’s body was flicked by a vehicle key, and the victim’s body was flick, so that the victim’s body was flicked for about four weeks in need of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to the defendant A in a protocol concerning the interrogation of the suspect;

1. Statement made by the police in the F’s statement;

1. Each entry in two parts of the medical certificate of injury and the medical certificate of diagnosis (the defense of the political party by Defendant B, but the method, degree, and course of assault by Defendant B committed after Defendant A's action cannot be deemed as constituting a legitimate defense in light of the method, degree, and movement route of assault) shall apply to the law.

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act; Selection of fines

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

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. The order of provisional payment;

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