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(영문) 광주지방법원 순천지원 2020.07.21 2019고단2736
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of one hundred and fifty hundred thousand won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is the head office of "D" located in Mineyang-si C, and Defendant B is the employee of the above establishment.

1. At around 09:00 on July 30, 2019, Defendant A suffered injury, such as: (a) the victim’s face was in fluence as an operating problem with the victim B and the main store; (b) the victim’s face was sleeped twice due to drinking; (c) the victim’s head was fluence of fraud materials, which is a dangerous object located adjacent to the camera; and (d) the victim’s neck was fluened to the victim, and the victim’s head was fluened to the victim’s right side of the number of treatment days.

2. Defendant B, at the same time and place as set forth in paragraph (1), took the victim’s face at a time and place, taken the victim’s body as a floor by drinking it, and taken the victim’s body body as a drinking once, and inflicted injury on the victim, such as tearing the victim’s inside of the days of treatment in a way that the victim can tear, and so on.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against the Defendants

1. Investigation report (Attachment of photographs, such as parts of damage);

1. Application of Acts and subordinate statutes to a report on investigation (CCTV viewing report);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(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 A subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the injured party does not want the punishment of the accused and the fact that the injured party does not have the same criminal power);

1. Defendant B of detention 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 (including the following circumstances and the accused’s errors against each other, and the fact that there is no criminal record except for those punished by a fine of 300,000 won due to a violation of the Establishment of Reserve Forces Act, 20

1. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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