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Reasons
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(영문) 인천지방법원 2015.02.10 2014고단6840
상해
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Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 17, 2014, around 19:15, Defendant A received the victim B (year 52) from the smoked victim B (age 52) in the 4th Gabale 4th Gabale of Seoul, Nam-gu, Incheon, on the following grounds: (a) “I will not have any contact any later without having any telephone; and (b) I would have neglected to contact with the victim B; and (c) I would have the victim’s eyebrow due to her head.

As a result, the Defendant inflicted an injury on the victim, such as open wound around the right side where the number of days of treatment can not be known.

2. The Defendant, at the above date, was assaulted by the victim A (the age of 55) at the above time, at the above time, and at the above place, and the Defendant inflicted injury on the victim, as a matter of drinking, such as the body of the victim’s face and body, which requires treatment for about 35 days on the left-hand side, and the body of the victim, which is open around the snow that requires treatment for about 2 weeks.

Summary of Evidence

[Defendant A]

1. Each legal statement of the witness H and B;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The police statement of H;

1. On-site photographs and CCTV closures;

1. Victim B’s photograph (Defendant B);

1. Defendant's legal statement;

1. Statement made to A by the police;

1. An injury diagnosis certificate (A);

1. Application of the Acts and subordinate statutes governing victim A photographs;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for the crime: Article 257 (1) of the Criminal Act;

1. In the case of Defendant A with the reason of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution, the victim B does not want the punishment against the defendant; in the case of Defendant B, the victim B confessions and reflects the crime; and the victim A and only agreed with the victim A, and the Defendants’ respective ages, character and conduct, environment, motive and method of the crime, and circumstances after the crime, etc. shall be determined as per the disposition in consideration of all the conditions of the sentencing.

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