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(영문) 의정부지방법원 고양지원 2014.02.07 2013고정671

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 14, 2012, around 18:50, the Defendants, while driving a motor vehicle without permission on the front side of the third public parking lot located in the area of the 743-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, the victims D (53 years of age) drive the motor vehicle, and the Defendant A, who passed through the motor vehicle, had the victims sound and let the victims out of the vehicle, are able to take the face of the victim by drinking.

As a result, the Defendants jointly put up two parts of the victim in need of approximately three weeks of treatment.

Summary of Evidence

[Defendant A]

1. Each legal statement of witness D and F;

1. Some statements concerning D concerning suspect interrogation protocol;

1. Partial statement of F concerning the police statement;

1. A written diagnosis of injury;

1. Each CCTV photograph (Defendant B);

1. Some statements concerning D concerning suspect interrogation protocol;

1. Partial statement of F concerning the police statement;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing CCTV photographs [Defendant A]

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 59(1) of the Criminal Act (the first offender in the case of Defendant B, and the first offender in the case of Defendant B, taking into account favorable circumstances such as the fact that the degree of participation is minor compared to Defendant A);