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(영문) 대구지방법원 2014.05.16 2013고단6009
상해등
Text

Defendant

A A shall be punished by a fine of 3,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A The above fine shall be imposed.

Reasons

Criminal facts

1. Defendant A: (a) around 07:30 on June 28, 2013, at the F Rest in Yongcheon-si, the Defendant was driving a vehicle on the Daegu-Po Port Highway around that time; (b) the victim B (the age of 42) driven a vehicle on the Defendant’s vehicle while driving the vehicle, thereby drivinging the victim’s neck by left hand; (c) the victim flicked the victim’s neck with his left hand on two occasions; (d) the victim was flicked on two occasions; and (e) the victim was inflicted an injury, such as chills, tensions, etc., in need of approximately three weeks of treatment.

2. At the time and place mentioned in paragraph (1), Defendant B, in response to the victim A(38 years of age), had the victim’s face 2-3 times in drinking, and had the victim’s face 2-3 times in drinking, and 2-3 times in walking the victim’s right side 2-3 times in the Defendant’s name, and had approximately KRW 5-day medical treatment.

Summary of Evidence

1. Defendant B’s legal statement and part of Defendant A’s legal statement

1. Each legal statement of witness B and G;

1. The prosecutor's protocol of interrogation of the Defendants (including G statements)

1. Each investigation report (Attachment of photographs and diagnostic notes);

1. Application of Acts and subordinate statutes on report of occurrence of violence;

1. Relevant Article 257(1) of the Criminal Act; Defendant A who selects a fine: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; the choice of imprisonment;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B of the community service order: Article 62-2 of the Criminal Act;

1. Defendant A of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommending sentence] is the case where the victim is fully responsible for the occurrence of a crime or the expansion of damage in the mitigated area (two to one year) of types 1 of general bodily injury (the general mitigation area) [the decision of sentence] [the case where the victim is violence victim]. The details and degree of injury that led to the crime, other factors such as the age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc.

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