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Reasons
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(영문) 서울북부지방법원 2020.01.22 2019고단4128
상해
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Defendants shall be punished by imprisonment for eight months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 02:40 on April 20, 2019, Defendant A, who spits the face of the victim B (the age of 28) and Si expenses, spits the face of the victim, and spits the face of the victim and spits the face of the right side of the victim, and suffered injury, such as a spita, which requires approximately 60-day medical treatment.

2. Defendant B: (a) at the time and place of paragraph (1); (b) at the time and place of time and paragraph (1); (c) at the time of drinking with the victim A (the age of 24); (d) the victim’s face was knee and kneeed to the right eye of the victim A; and (e) the victim C was kneed to drinking the face of the victim C; and (e) the victim C was pushed the victim C over the ground floor.

As a result, the defendant suffered from injury to the victim A for about 42 days of internal medicine treatment, and caused the victim C to undergo an inspection and examination on the left side of about 14 days of internal medicine treatment.

Summary of Evidence

1. Defendant A’s legal statement, Defendant B’s partial legal statement

1. Each police interrogation protocol against the Defendants

1. Statement to C by the police;

1. B written statements;

1. Investigation report (Submission of moving pictures and hearing of suspects B);

1. Application of Acts and subordinate statutes to each injury diagnosis certificate, each medical expenses receipt, and photographs of the injured part A;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. As to Defendant B among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Defendant A with reasons for sentencing under Article 62-2(1) of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc.: The instant crime requires strict punishment of Defendant A, considering that the instant crime was committed by using violence at the end of a minor time.

However, in consideration of the fact that the defendant has no particular criminal power, the defendant is divided and only agreed with the victim.

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