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(영문) 대구지방법원 상주지원 2015.04.07 2014고단669
상해
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. To the extent that there is no concern about substantial disadvantage to Defendant A’s exercise of his/her right to defense, rhyth of the facts charged without changing the indictment and recognize the facts constituting a crime.

At around 18:30 on May 31, 2014, the Defendant, while drinking alcohol with the victim B, etc. (the 30 years of age) at D, was inflicted on the victim, on the ground that the victim was able to take a bath together, and she was pushed out outside the floor, and was inflicted on the victim with a view to 28 days of hand, which requires medical treatment for approximately 28 days of hand.

2. Defendant B suffered from violence as described in paragraph (1) from the victim A (the age of 48) at the time and place described in paragraph (1), and the victim’s face was taken as a drinking house, and the victim suffered from injury, such as a closed flasing of a flasium, which requires treatment for about five weeks, by taking the victim’s face into consideration.

Summary of Evidence

[Defendant A]

1. A part of Defendant A’s legal statement (a statement that he/she sawd in B’s b)

1. Legal statement of the witness B;

1. See Articles 127 and 134 of the Investigation Record of the suspect interrogation protocol against the defendant by the prosecution

1. Partial statement of the police statement concerning F (a statement that he/she saw that he/she did not go to his/her fingers from B);

1. A report on investigation by telephone;

1. A written diagnosis of injury (the statement that the patient stated at the hospital that the patient was in excess of B’s smuggling) / [Defendant B]

1. Defendant B’s legal statement

1. A suspect interrogation protocol of the prosecution;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act and the Defendants’ choice of punishment concerning criminal facts;

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. In the event that Defendant A (a person subject to special mitigation) has a considerable responsibility for the occurrence of a crime or the expansion of damage to the victim in the category 1 (a person subject to special mitigation) (a person subject to special mitigation) of general bodily injury, Defendant A (a person subject to special mitigation) is not subject to punishment (a person subject to a decision of sentencing).

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