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(영문) 대구지방법원 2017.06.30 2016고단6108
상해
Text

Defendant

A A shall be punished by a fine of two million won, by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

[2016 Highest 6108] 6108 - Defendant A committed assault against the victim on September 17, 2016, on the ground that the victim F (19 years old) and the shoulder are faced with the victim, and on the ground that the victim F (19 years old) and the shoulder met, the victim's breath was sphered, and the victim's face was boomed twice.

[2017 Highest 2631 [2631] - Defendant B, on September 17, 2016, on the street in front of the "E" in Daegu-gu D, Daegu-gu on September 17, 2016, in relation to Defendant A and the victim F (19 years old) with respect to his body fighting in this club, the victim and the victim during the time of his scambling, “I am to be changed. I am scam.”

(p) The hump theory, "A few murders", and the hump of the victim's shoulder with his/her shoulder, humping the victim's bridge, and humping the victim's bridge into the floor, thereby causing bodily injury to the victim, such as the cutting of the hump of the finger frame, the hump of the bones of R/O fingers, which requires approximately six weeks of medical treatment.

Summary of Evidence

[2016 Highest 6108]

1. The statement made by the defendant A at the fourth public trial date;

1. Each legal statement of witness F and G;

1. Statement of each police suspect interrogation protocol against Defendant A [2017 high-ranking 2631];

1. Defendant B’s legal statement

1. Statement concerning the suspect interrogation protocol concerning the defendant B by the prosecution;

1. Statement concerning A in the protocol concerning the examination of suspects of the prosecution;

1. The application of each record, each copy of each record, and each of the Acts and subordinate statutes recorded;

1. Relevant Article 260 (1) (Selection of Penalty) of the Criminal Act and Article 260 (1) (Selection of Penalty): Defendant B: Article 257 (1) of the Criminal Act (Selection of Imprisonment);

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B who suspended the execution of sentence: The reason for sentencing under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing as follows); and

1. The conditions for sentencing favorable to Defendant A, and other ages of Defendant A, such as the fact that Defendant A did not endeavor to recover from damage even though Defendant A committed assault against the victim, but the degree of assault inflicted by Defendant A was not serious, and that Defendant A did not have criminal punishment.

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