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(영문) 서울남부지방법원 2016.01.27 2015고단3760
폭행치상
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A, at around 08:00 on April 30, 2015, the street park located in Guro-gu Seoul, Guro-gu, Seoul on April 30, 2015, was about F with a dispute, whether he was the victim B(70) with “Isle to a person who is aged older.”

He listened to the word "" to the effect that he was ", was pushed down with the victim by putting him with breath, and plicked and plicked by spathing the victim's left hand by spawn.

As a result, the Defendant committed assault against the victim, resulting in the injury of the left-hand body felball, etc., which requires approximately four weeks of medical treatment.

2. Defendant B, at the date, time, and place described in paragraph 1, reported that the victim A (69 years of age) and F did a dispute, and exercised violence, such as flicking the victim’s flick, booming the flick, flicking, etc.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

[Judgment No. 1]

1. The defendant A's partial statement

1. Each legal statement of witness B, F and G;

1. Statement made by the police against B;

1. Investigation report (Opinion of doctor's will of H Council member);

1. A medical certificate;

1. Photographs of the victim;

1. Victim X-ray photograph (as indicated in the judgment No. 2);

1. Defendant B’s legal statement

1. Application of Acts and subordinate statutes to the protocol concerning the interrogation of suspects A to the prosecution;

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

A. Defendant A: Articles 262 and 260(1) of the Criminal Act; selection of fines

B. Defendant B: Article 260(1) of the Criminal Act; Selection of fines

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

1. The degree of injury inflicted on Defendant A is minor;

It can not be said that the defendant has not been able to do so, and even if the defendant has reached this court, it has not been divided.

Defendant has been punished for the same kind of crime in the past.

However, in consideration of the fact that the defendant seems to have committed contingent crimes while working for each other, the degree of violence is not severe, and the punishment shall be determined as per the order.

2. Defendant B is a criminal act by contingency and assault.

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