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(영문) 대구지방법원 포항지원 2019.05.15 2019고단200

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of KRW 3,000,00, Defendant B and C, respectively, by a fine of KRW 1,000,000.

Defendant

A, B, and C respectively.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to two years of suspension of execution for one year of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act in the Daegu District Court Port Branch on April 5, 2018, and such judgment becomes final and conclusive on April 13, 2018, and is currently under suspension of execution.

【Criminal Facts】

1. 피고인 A, 피고인 B, 피고인 C의 공동범행 피고인들은 2018. 8. 23. 04:30경 포항시 북구 E에 있는 F 주점 앞 테라스에서 피해자 D(21세)가 손바닥으로 피고인 A의 머리 부위를 1회 때리자, 피고인 A은 피해자를 향해 달려가 손으로 피해자를 밀어 넘어뜨린 후 몸을 잡아 누르고 손으로 피해자의 머리채를 잡아당기면서 주먹으로 피해자의 얼굴 부위를 1회 때리고, 피고인 B은 주먹으로 피해자의 등과 뒷목 부위를 수 회 때렸으며, 피고인 C은 주먹으로 피해자의 등과 뒷목 부위를 수회 때리고 발로 피해자의 얼굴 부위를 3회 찼다.

As a result, the Defendants jointly inflicted an injury on the right side of the inner part that requires approximately five weeks of treatment on the victim, such as cutting down the upper right side of the inner part.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against Defendants and G

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. A report on internal investigation (in relation to 112 declarations), a report on internal investigation (in relation to the suspected persons), a report on internal investigation (in relation to the reported persons), a report on internal investigation (in relation to the reported persons), a report on processing cases (in relation to the reported persons), a report on investigation (in relation to the F CCTV and video photographs and storage CDs) - F

1. Previous convictions in judgment: Criminal records and investigation reports (a confirmation during the period of suspension of execution A of the defendant) - Application of statutes in one copy of judgment;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. In the case of Defendant A, who is subject to a fine for selective punishment, the crime committed during the suspension of execution, and the degree of injury to the victim is not minor, but shall be contingent;