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(영문) 서울남부지방법원 2018.04.04 2017고단4113
상해
Text

1. Defendant A shall be punished by a fine of one million won.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

1. On July 29, 2017, at around 03:50 on July 29, 2017, Defendant A drinked with “F cafeteria located in Gangseo-gu Seoul Metropolitan Government E”, and while drinking alcohol with the victim B (56 tax) and having a dispute with the victim, Defendant C left the victim’s 20mhum by making the victim’s fright at one time at the end.

As a result, the defendant brought the victim an aesthetic prize for the number of days of treatment.

2. Defendant B inflicted an injury on the Defendant at the time, place, and at the time, at the victim A (56)’s location, and the victim A (56) brought an injury against the Defendant, and brought an injury against this, and caused approximately 30 meters to tear the left part of the victim’s snow twice.

In this respect, the defendant carried dangerous articles and put the victim in an aesthetic room for treatment days.

Summary of Evidence

1. The witness B (or the above defendant) and G's respective legal statements;

1. Statement made by the defendant B in the second public trial record;

1. A report on investigation;

1. A report on investigation (a witness's statement);

1. Investigation report (to hear statements by sphos telephone);

1. The Defendant A and his defense counsel recognized the fact that Defendant A assaulted the victim as his defriend, but they used the defriend as wide as his defriend, so they claim the relation with the person by asserting that the injury cannot be caused by the act of the Defendant.

However, according to evidence, such as the victim B and witness G’s respective legal statements, and the victim’s appearance taken at the time of the instant case, Defendant A may be recognized as having suffered heat, such as shocking parts of the victim’s spoch day, and this part of this case’s body teared, and generated spoching, etc.

Therefore, the above argument is without merit.

Application of Statutes

1. Defendant A of the relevant Article of the Criminal Act concerning the crime: Article 257(1) of the Criminal Act (the point of injury) : Articles 258-2(1) and 257(1) (the point of special injury) of the Criminal Act;

1. Selection of punishment (defendant A) penalty;

1. Reduction of volume (Defendant B) Articles 53 and 55(1)3 of the Criminal Act (the grounds for sentencing are as follows).

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