beta
(영문) 청주지방법원 영동지원 2016.04.14 2015고단229

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

피고인들과 D는 2015. 9. 19. 00:50 경 충북 영동군 E에 있는 F 편의점 앞에서, 피해자들과 시비를 하던 중, 피고인 A은 손으로 피해자 G의 얼굴을 때리고 다리를 잡고 넘어뜨리고, 발로 피해자 H의 배 부위를 걷어차고, 피고인 B는 양손으로 피해자 H을 밀어 넘어뜨리고, 주먹으로 피해자 G의 얼굴을 때리고 양손으로 밀어 넘어뜨리고, D는 양손으로 피해자 H을 밀고 발로 넘어진 피해자 H, G를 걷어찼다.

As a result, the Defendants stated the two parts, inside part, and inside part, which require treatment for about 28 days for the victim H in collaboration with D, the injury to the victim G, and approximately 24 days’ in the indictment for about 14 days. However, according to the evidence duly adopted and investigated by this court, the period necessary for treating the injury suffered by the victim G is about 14 days, and two weeks’s period from the date of the award “the treatment period for the injury to G” (as stated in the medical certificate for the injury to G). Such recognition does not materially disadvantage the Defendants’ right to defense.

Since it is determined, it is recognized as above without being changed in the indictment.

The injury was each caused by the internal and internal organs and tissues in need of medical treatment, the internal and internal arms, the internal and internal arms without containing any foreign items, and the injury of the internal and external arms, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of H and G by the prosecution;

1. A protocol concerning the examination of each police suspect against D or I;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense

1. The aggravated concurrent crimes (the Defendants) are as follows: (i) the first sentence of Article 37, Article 38(1)2, and Article 50 of each Criminal Code [the aggravated punishment for concurrent crimes committed against the violation of the Punishment of Violences, etc. against Victims H with a heavier level of punishment (the aggravated punishment for concurrent crimes)].