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(영문) 서울동부지방법원 2016.06.14 2015고정1725

폭력행위등처벌에관한법률위반(공동폭행)

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the chief of the management department of the D Mental Hospital, and the defendant B is the same person working as the guardian of the same hospital.

Defendant

A around July 24, 2015, at around 21:00, the victim F (e.g., 53 years old) hospitalized in D Mental Hospital D Mental Hospital D in Songpa-gu Seoul, Seoul, was smoking tobacco in this toilet, etc., at the time of smoking in the hospital, and instructed the victim to enter the hospital room. However, whether the victim “if the victim did not have any way to satis, it would be why the victim would have not yet satis.”

“......”

Accordingly, Defendant A does not comply with the instructions given to the victim.

The patient is temporarily detained in the patient protection room on the second floor in a manner of making the patient's appeal, which causes mental disturbance in the hospital, according to the doctor's opinion.

While taking a bath theory, the protected private person’s Defendant B was cut up to five stories, the Defendants combined with each other, and then plucked up the victim’s neck with his hand, pluck up it, pluck up with his arms and legs, and moved to two floors by moving into the elevator with his arms and legs.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes excluding the head of a complaint, a written diagnosis of injury, a nursing service, and hospital CCTV;

1. Relevant Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

1. Defendants to be suspended from sentence: 1,000,000 won by fine; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendants: Article 59(1) of the Criminal Act (Defendant A is the primary offender, and the Defendants are victims’ speech and behavior in the course of performing their duties.