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(영문) 서울중앙지방법원 2015.08.12 2015고단804
상해
Text

Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 21, 2014, around 02:10 on November 21, 2014, Defendant A suffered from a victim B (year 4) and a parking problem in front of G cafeteria located in Gangnam-gu Seoul Metropolitan Government F, Defendant A suffered from injury to the victim, including a cryp and a stoke of cro that require treatment for about 28 days, by drinking the victim’s face.

2. Defendant B, at the time and place described in paragraph (1), set up against the victim A (the age of 49) who was assaulted, and the victim’s face was taken as a drinking by drinking, and the victim was leeped with an aesthetic eye for the number of days of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. The suspect interrogation protocol of the defendant A by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of an investigation report;

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Punishment to suspend the sentence (Defendant B) 400,000 won;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act:

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) led to the instant crime, which led to the occurrence of minor vision due to vehicle parking problems, and the degree of damage inflicted on Defendant B is not easy.

However, the instant crime is a contingent crime, and the Defendants do not want to have the other party punished by mutual consent. In the case of Defendant B, there are circumstances that led to the instant crime in the process of preventing the other party from exercising violence first.

In addition, the sentence shall be determined as ordered in consideration of various factors of sentencing.

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