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(영문) 인천지방법원 2015.02.13 2014고정2741

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. 피고인들의 폭력행위등처벌에관한법률위반(공동상해) 피고인 B는 2014. 4. 18. 00:40경 인천 부평구 D 소재 ‘E 노래방’에서 피해자 F(여, 46세)에게 욕설을 하다가 피해자로부터 ‘그만 나가달라’는 말을 듣고 피고인의 등을 떠밀리게 되자, 피해자의 머리채를 잡고 손바닥으로 뺨을 수회 때리고 발로 복부를 1회 걷어찼고, 이후 피고인 B의 남편인 피고인 A가 발로 피해자의 복부와 왼쪽 허리 부위를 걷어찼다.

As a result, each of the above assault acts committed by the Defendants, thereby causing injury to the victim, such as 'influor and cluoral salt,' which requires medical treatment for about 21 days.

2. Defendant A’s injury found the victim G(s) at the time, place, Defendant B, and the above F at the time and place described in the above paragraph (1), and aware that the victim G was at the time of Defendant B, Defendant A’s head was fluenced by the victim G, thereby damaging the victim G’s head beyond the floor, leaving the victim G’s buck, and walking the bucks and bucks in a hand, thereby causing injury to the victim G, which requires approximately KRW 21 days of treatment.

Summary of Evidence

1. Each of the Defendants’ respective legal statements (as of the date of the second and fifth trial)

1. Each legal statement of witness F and G;

1. Application of the respective Acts and subordinate statutes of the medical certificate of injury to G and F;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 263 and 257(1) (a) of the Criminal Act; Article 257(1) (a) of the Criminal Act; Article 257(1) (a) of the Criminal Act; Article 257(1) of the Criminal Act; the choice of each fine

B. Defendant B: Articles 263 and 257(1) of the Criminal Act; selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;