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(영문) 대전지방법원 2016.11.11 2016고정979

폭력행위등처벌에관한법률위반(공동상해)

Text

1. Defendant A shall be punished by a fine of 80,000 won, and Defendant B shall be punished by a fine of 800,000 won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

Defendant

A is a person who works as an insurance designer of “C”, and Defendant B is a person who has no certain occupation, and the Defendants are in a relationship of friendship.

On April 4, 2016, at around 18:20, the Defendants attempted to escape from the victim G (Nam, 58 years of age) and building introduction expenses in the E-building F restaurant located in Daejeon-gu, Daejeon-gu, for the reason that the victims were trying to escape from the opposite answer, Defendant A was sleeping the victim’s breath, and Defendant B was sleeping the victim’s head, and Defendant B was sleeping the victim’s head.

As a result, the Defendants jointly inflicted an injury on the 14-day bones and tensions of the neck that require medical treatment on the victim.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning G;

1. An investigation report (Attachment of a medical certificate for injury);

1. Application of Acts and subordinate statutes to field photographs, investigation reports (on-site CCTV data photographs, damaged photographs, etc.);

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the same Act, the selection of fines

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

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are not recovered, and the Defendants again committed the instant crime even though they had a number of violent crimes, etc., are disadvantageous to the Defendants.

However, the extent of violence used by the Defendants is not limited, and the injury of the victim is relatively minor, and the implementation of the sales contract for real estate owned by the Defendants as to real estate owned by the victim seems not to have been completed due to the circumstances on the part of the victim, and the Defendants were to have been in dispute with the introduction of the transaction mediation, and there are some circumstances to be taken into account in the circumstances.

Such normal relationship and the age, character, character and environment of the Defendants.