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(영문) 인천지방법원 2017.08.10 2016고단8318
상해
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 1, 2016, Defendant A, at around 00:15, suffered injury on the part of the victim, who was an apartment resident, to the retaining wall construction of the apartment that he/she runs on the front of the Incheon Strengthening Group G on the ground that the victim B, who was the resident of the apartment, expressed his/her usual dissatisfaction, exceeded the victim’s arms by leaving the house by hand, and kid the victim’s face by drinking, and suffered injury, such as the removal of the victim’s clothes and legs, which require approximately four weeks of medical treatment, by walking the victim’s clothes and legs.

2. Defendant B, at the same time and place as above, did so from the victim A, set up against it, and frighted the victim’s breath to the floor, and breathed the victim’s face, and breathed the victim’s face by drinking. Defendant B, at the same time and place as above, sustained the victim’s injury by changing the victim’s 5th left-hand hand, which requires approximately four weeks medical treatment.

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. The witness I, A, and B's respective legal statements;

1. Some statements made to the defendant A in the protocol of interrogation of the suspect;

1. Some statements concerning the Defendants in the police interrogation protocol

1. Partial statement made to I in the police statement protocol;

1. A partial statement in the B’s statement;

1. Each injury diagnosis letter;

1. A damaged photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 257 of the Criminal Act and Article 257 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. In light of the fact that Defendant A had previously been punished for the same kind of crime, the responsibility of the Defendant is more likely to be than the victim in light of the background of the instant case and the degree of damage, etc., but the nature of the crime is not good. However, it should be taken into account as favorable circumstances to the Defendant, such as the fact that the Defendant agreed with the victim smoothly, and the fact that the Defendant is divided into his mistake.

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