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(영문) 부산지방법원 2018.10.02 2018고단1594
상해등
Text

[Defendant A] Imprisonment with prison labor for six months

The request of the applicant for compensation shall be dismissed.

[Defendant B] Defendant B]

Reasons

Punishment of the crime

On November 11, 2017, Defendant A suffered injury to the right side of the inner part, the inner part of which requires treatment for about 56 days for the victim, as well as the outer part of the outer part of the body of the victim, and the outer part of the body of the victim, the inner part of the body of the victim, the inner part of the body of the victim, the inner part of which requires treatment for about 56 days.

On April 1, 2018, the Defendants of the 2018 Highest 3124 met with the victim I (25 years old) and the shoulder in the G in Busan High-gu, Busan High-gu on April 1, 2018. While drinking, the Defendants were faced with the victim I (25 years old) while drinking, and the Defendant A got the victim's chest by hand, and the Defendant B was faced with the victim's finger.

Defendant B continued to attract the damaged person to the outside stairs of the main place, and Defendant A took the face of the injured person by drinking.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

"2018 Highest 1594"

1. Defendant A’s legal statement

1. Each police statement made to D or J;

1. Investigative report (Submission of a medical certificate) 2018 Highest 1594;

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of the I;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 257 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault) and Article 260 (2) (the point of joint assault), Defendant B who has the choice of imprisonment: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of fines;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendant B of the provisional payment order: Article 334(1) of the Criminal Procedure Act;

1. Defendant A who rejected an application for compensation: Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the scope of damage is unclear and the order for compensation is issued in criminal proceedings.

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