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(영문) 대전지방법원 공주지원 2012.11.23 2012고단218

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. The Defendants violated the Punishment of Violence, etc. Act (joint violence) at around 03:50 on February 26, 2012, 2012, in front of the direction that it is impossible to identify the trade name in Shin Dong-dong at the time of public order, Defendant A collected a red plastic parking ban against the victim and F on the same way for the reason that the victim E (the age of 20) and his working F leave, and Defendant A collected the victim’s face one time by drinking the victim’s head, who was dissatisfied with the victim’s objection, and Defendant B took one time again.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendants in violation of the Punishment of Violences, etc. Act (joint injury) committed an act of violence against E at the time and place specified in paragraph (1) and at the same time, the victim F (20 years of age) who was working for E during the commission of violence as above was arbitrarier, and Defendant A took the face of the victim one time as a drinking, and Defendant B took three times the face of the victim by drinking.

As a result, the Defendants jointly inflicted bodily injury on the victim, such as the peltoma in need of medical treatment for about 28 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. F substitute statement among the interrogation protocol of Defendant B by the prosecution as to Defendant B

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act regarding the crime, each of the choice of punishment, Article 2(1)1 of the Criminal Act, Article 260(1) of the Criminal Act (the point of joint violence), Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) against Defendant A, each of the imprisonment with prison labor and each of the fines against Defendant B;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendant A: The violation of Article 62(1) of the Criminal Act, the violation of Article 62(1) of the same Act, the violation of the victim’s injury.