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Reasons
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(영문) 수원지방법원 2016.04.15 2014나43646
손해배상(기)
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1.The judgment of the first instance shall be modified as follows:

1) The Defendant (Counterclaim Plaintiff) each of the Plaintiff (Counterclaim Defendant A) 2.

Reasons

1. Facts of recognition;

A. The Plaintiff A and Defendant C were sentenced to a suspended sentence of one year and six months for the following criminal facts, and Defendant C was sentenced to a suspended sentence of one year for six months (U.S. District Court 2013Da6623), and the Plaintiff A appealed and filed a final appeal against this, but the respective appeals and final appeals were dismissed on June 18 and September 10, 2015, and the said judgment became final and conclusive around that time.

Punishment of the crime

1. On September 20, 2013, the defendant A (the plaintiff A; the same shall apply hereinafter) attached the victim D (the plaintiff A; the same shall apply hereinafter) to the victim D (the plaintiff B; the same shall apply hereinafter) who is the defendant's wife at around 01:10 on September 20, 2013, on the ground that the victim D (the plaintiff 51 years of age and the defendant D hereinafter hereinafter the same shall apply) was attached to the defendant's wife B (the plaintiff B, the plaintiff hereinafter the same shall apply) and the vision. The defendant stated "I am to move to the defendant's wife" at one time, "I am the victim D's right eye due to drinking, and the victim C (the defendant C, the defendant C; the same shall apply hereinafter) (the defendant C; the same shall apply hereinafter) who is the her husband's husband at one time after being sealed with the victim's face from the bar, and tried to see the victim's 3rd's 1, the victim's me.

계속하여 피고인은 “다 죽여버린다”라고 하면서 근처 가로수에 묶여 있던 위험한 물건인 가로수 지지대를 바닥에 내리쳐 끝부분을 뾰족하게 만든 후, 그것을 휘둘러 피해자 D의 머리를 1회 때려 의식을 잃게 하고, 피해자 C의 머리를 1회 때렸다.

As a result, the Defendant carried dangerous things with the victim D and inflicted injury on the victim C, such as an influence of treatment days, two side transfusions, etc., and assaulted the victim E in collaboration with the above B.

2. Defendant C (Defendant C refers to Defendant C; hereinafter the same shall apply) and the victim A 52 years of age, at the time and place specified in paragraph (1).

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