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(영문) 대구지방법원 2020.06.10 2019고정1383
상해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

A. On June 7, 2019, the Defendant: (a) around 02:04, around 02:04, the Defendant: (b) reported that the Defendant was drinking alcohol as the victim B(the age of 42); and (c) caused the Defendant’s injury to the Defendant, by drinking alcohol, by drinking the victim’s face at several times; (d) making the victim’s head collection and breath; and (e) having breathed the Defendant’s head at one time; and (e) making the victim’s head at one time, the Defendant spathed the victim’s head, and spathed the victim’s head, and spathed the victim’s head with approximately three weeks’s other requirements for treatment; and (e) causing the victim’

Accordingly, the defendant injured the victim.

B. The Defendant causing property damage, while disputing the victim at the time and place indicated in the paragraph (a), destroyed the part of the driver’s seat of the victim’s car owned by the victim, which was parked at the same time, to take one time, so that the repair cost of the car would be equivalent to KRW 746,326.

Accordingly, the defendant damaged the victim's property.

2. Defendant B was assaulted by the victim A (the age of 39) at the time, time and place described in the paragraph (a), and the victim’s face was humping back by drinking, and the victim was injured by the victim’s ear and head debt knife for six weeks.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written diagnosis of injury to the Defendants

1. Statement of automobile inspection and maintenance;

1. Application of Acts and subordinate statutes concerning internal investigation reports (CCTV images, etc.);

1. Article applicable to criminal facts;

가. 피고인 A: 형법 제257조 제1항(상해의 점, 벌금형 선�), 형법 제366조(재물손괴의 점, 벌금형 선택)

B. Defendant B: Article 257(1) of the Criminal Act (the point of injury and the choice of fines)

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment heavier than that prescribed for concurrent crimes);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The order of provisional payment;

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