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(영문) 부산지방법원 2017.12.15 2017고단4801
상해등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

However, the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2017, at around 23:00, both the following cases were deemed to have been subject to the disposition that the Defendants and the Ethmblings did not have the right to institute a prosecution at the prosecution stage by mutual agreement with the Defendants and the Ethmblings.

It shall be the Korean-style fighting (hereinafter referred to as the "fighting of this case") and immediately after it between three people.

1. Defendant A’s injury or damage to goods for public use;

A. In the meantime, Defendant A, who was disputing with the victim B (47) who was active, she frighted on the part of the victim B with another hand on the part of the victim B, and she saw the victim B’s face with the elbow part of the arms and inflicted injury on the victim B (the number of days of treatment).

B. Defendant A, who damaged public goods, arrested a police officer who was dispatched after receiving a report at the place due to the instant fighting and on board the patrol vehicle, and caused the police officer to embark on the patrol vehicle by walking the patrol vehicle several times, thereby damaging the repair cost to KRW 377,606.

2. During the process of setting up against the victim A (45), the Defendant B suffered special injury by the victim B, carrying the beer disease, which is a dangerous object on the table, on the left hand hand, and put the victim’s right shoulder on the victim’s right knife and put the victim A into the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement protocol concerning circumstances G, and the protocol of interrogation of a suspect with respect to E;

1. The investigation report (2.9 once a month), each photograph/cinematographic output, and estimate, the vehicle number on the estimate, is different from the patrol vehicle in this case, and the error appears to be different from the H, although the vehicle number on the estimate is “H”.

Application of Statutes

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

A. Article 257(1) of the Criminal Act of Defendant A ( Imprisonment) Article 141(1) of the Criminal Act ( punished by imprisonment)

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

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. The Criminal Act, the suspension of execution;

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