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(영문) 의정부지방법원 2016.02.05 2015고단4150
상해
Text

Defendant

A A shall be punished by a fine of one million won, and by imprisonment with prison labor of ten months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant B

가. 피해자 D에 대한 특수 상해 피고인은 2015. 9. 8. 23:00 경 구리시 E에 있는 ‘F’ 주점 화장실에서 피고인이 피해자 D( 남, 27세) 이 들어가 있던 화장실 문을 발로 찼다는 이유로 피해자와 서로 시비가 되어 욕설을 하며 다투던 중, 피해 자가 위 주점을 빠져 나가려 하자 위험한 물건인 소주병으로 피해자의 머리 부분을 내리쳐 피해자에게 3 주간의 치료가 필요한 뇌진탕 등의 상해를 가하였다.

B. The Defendant committed assault against the Victim A, on the date and time, at the place specified in paragraph 1(a) and at the same time, assaulted the Victim A (son, 28 years old), who continued to be adjacent to the said D’s head, with the scambling of the victim A.

2. Defendant A: (a) deemed at the time, time, place, etc. described in paragraph (1) of Article 1 that the head of Victim B (the remaining, the age of 26) this kind of friendly arrest D was a major illness; and (b) in other words, Defendant A suffered bodily injury, such as the victim’s face, and the victim was able to receive approximately four weeks of treatment on the face of the victim due to drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the interrogation of the police officers against the Defendants, G, and D

1. Statement made by the police with H;

1. A written statement of I;

1. Each injury diagnosis letter;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on the statement by a wooden shot person);

1. Relevant legal provisions of the criminal facts and Defendant A: Article 257(1) of the Criminal Act (the victim’s relatively serious injury is presumed to result in the crime of this case in a contingency, in light of the circumstance that the victim would have committed the crime of this case in light of the victim’s situation at a disadvantage, or the situation that the victim would have been suffering from the Defendant’s one-way illness first, and the victim would have been able to commit the crime of this case in a contingency, his mistake is recognized, and there is no record of the crime beyond the suspension of execution): Articles 258-2(1) and 257(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of special injury), Article 260(1)

1. The defendant B who aggravated concurrent crimes: the Criminal Act.

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