Text
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.
However, with respect to Defendant A, for a period of two years.
Reasons
Punishment of the crime
1. Defendant A at around 22:30 on May 21, 2013, on the ground that the victim B(the age of 49) was late at the 'I’ restaurant located in Hacheon-gu, Macheon-gu, Macheon-si, Macheon-si, the Defendant: (a) caused a defect in the bath; (b) caused a small-scale disease, which is a dangerous object on the table table, one time the victim’s head; and (c) continuously caused the damage of the victim’s breathy that requires approximately two weeks of treatment.
2. Defendant B [criminal power] Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court on April 2, 2010, and completed the execution of the sentence at the Incheon Detention House on June 16, 2010.
【Criminal Facts】
A. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) at the time and place specified in Paragraph (1), as seen above, the victim A (the age of 48) committed a shouldered sicker’s disease, which is a dangerous object, against the Defendant’s head who gets off the Defendant’s head due to the so-called sicker’s illness, and put him on the part of the victim.
In this respect, the defendant carried dangerous objects and assaulted the victim.
B. The Defendant was injured.
During the dispute with the victim such as paragraph, the victim's face was taken in drinking by drinking breath, and the victim was injured by the spathal spath, etc. requiring treatment between approximately two weeks.
Summary of Evidence
1. Statement made by the defendant A in the first trial record;
1. Witness J and K’s testimony (a witness’s testimony and important part is identical to that of the witness A, and the credibility of the witness’s statement may be recognized in light of the relationship with the Defendants)
1. Partial testimony of the witness L (in light of the testimony of the witness J, K and A, the part that conforms to the allegations of the defendantB is difficult to believe);
1. Statement A by a witness among the third protocol of trial (in light of the fact that the investigative agency has consistently stated from the investigative agency to the present court, credibility is recognized);
1. Photographs of damaged parts;
1. A general medical certificate;
1. CCTV-cap photographs;
1. CCTV images;