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(영문) 인천지방법원 2016.06.16 2016고단2198
상해
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 6, 2015, around 08:40, Defendant A committed assault to “F” restaurant located in Bupyeong-gu Incheon Metropolitan City, Incheon, with the victim B (51 tax) for drinking alcohol, and the victim B (the victim B (51 tax) for drinking alcohol, and the victim’s breath breath, and the victim’s breath face was exposed to the victim’s body. As such, Defendant A breaddd the victim’s right side of the treatment days.

2. At the time and place mentioned in paragraph 1, Defendant B left side of the injured party A (44 tax) was marked on the back side of the 쇠 cup, which is a dangerous article on the tables, and the victim left side of the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to A damaged photographs, B damaged photographs, and field objects photographs;

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

A. Defendant A: Article 257(1) of the Criminal Act (the choice of imprisonment)

B. Defendant B: Articles 1(2), 258-2(1), and 257(1) of the Criminal Act

1. Reduction of volume (Defendant B) Articles 53 and 55(1)3 of the Criminal Act (the fact that the injured person does not want the punishment of Defendant B, etc.);

1. Suspension of execution (the Defendants) and Article 62(1) of the Criminal Act (The following favorable circumstances among the reasons for sentencing)

1. Each community service order (the Defendants), Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., even though there are many kinds of criminal records, the Defendants committed the instant crime at the same time, and the nature of the instant crime in light of the circumstances of the instant crime and the method of committing the crime, etc. However, the Defendants are not less than those who committed the instant crime. However, the Defendants, as a result of the relationship with which they performed the instant act together with their meals and drinking, went to the instant crime in a contingent event and carried out physical fighting, and expressed their intent not to be punished against the other party in this court, and then they are repent of their errors.

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