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(영문) 대전지방법원 천안지원 2017.04.27 2017고정19

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2016, the Defendant 09:35 on June 13, 2016, at the “D” restaurant located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, four persons, such as D and E, and drinking.

Defendant 1, on the ground that the victim G (son, 29 years of age) was drinking alcohol in the above restaurant, was boomed with the snow, and the victim was able to do so in two tights, leaving the chests in two tights, and kid the victim’s kids, and kid the victim’s bath, and E took the victim’s left face one time with the victim’s bath while taking the victim’s bath.

As a result, the Defendant, in collaboration with E, suffered injury, such as franchising a baby in need of approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant (the second public trial date);

1. Legal statement of witness G;

1. Medical certificates or photographs attached to the statement protocol (G);

1. Photographs of the face of the victims;

1. CCTV images (the Defendant and his defense counsel recognized the fact that the Defendant was out of a restaurant because the Defendant was pushed down the victim, but asserts that the Defendant did not have any desire for the victim.

However, the victim's statements in investigative agencies and courts are consistent, and detailed statements are also made in detail, so credibility is high.

The statement of a victim is also consistent with other evidence, such as CCTV images.

Defendant and defense counsel’s assertion are not accepted

Application of Statutes

1. Relevant Article 2 (2) 3 and Article 257 (1) of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Articles 2 and 257 (1) of the same Act concerning the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the background of the instant case, the degree of assault committed by the Defendant and the victim’s injury, the Defendant has no record of criminal punishment except for two times of fines, and the Defendant’s family relation and property status and the mother’s health condition.