Text
Defendant
A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 2,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
On July 12, 2018, around 21:30 on July 12, 2018, the Defendants: (a) considered the victim F (36 years of age) to be bad, Defendant A had the victim’s face face one time in drinking, and Defendant B had the victim’s body in hand.
As a result, the Defendants jointly damaged the character of head and other parts that require treatment for about 14 days.
Summary of Evidence
1. Defendants’ respective legal statements
1. A written statement;
1. Details of the victim, on-site photographs, and reports filed by 112;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of fines for negligence
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act
1. The instant crime was committed without being aware of the fact that Defendant A was sentenced to one year of imprisonment with prison labor for a special injury, and two years of suspended sentence were committed during the suspended sentence period.
Assaults were made without being imprisoned for reasons of influence that it is difficult to understand, and the investigative agency's attitude is not good.
However, it is against the fact that the defendant recognized the error in this court.
The victim paid 1.2 million won to the victim and received a letter from the victim (Submission of the written agreement on December 5, 2018). In full, the degree of the victim's injury is not much significant.
The punishment shall be determined as per the order after considering the favorable circumstances and taking into account the age, sex, family relationship, property status, etc. of the defendant, and the punishment shall be determined as per the disposition.
2. Defendant B’s mistake is recognized and reflected.
The degree of participation is minor.
There is no criminal record against the defendant.
In addition, the defendant's age, sex, family relationship, sentence against joint defendant A, etc. shall be considered.