폭력행위등처벌에관한법률위반(공동상해)
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On November 15, 2015, at around 02:30, the Defendants were in the main point of “D” located in the Gangdong-gu Seoul Metropolitan Government C2, on the ground that Defendant E is in the front passage of the carter and that Defendant E was in contact with the victim B (50). Defendant E and F were in a number of times the face and body of the victim due to drinking and growth, and Defendant E and F got out of the floor by pushing the victim.
As a result, the Defendants jointly inflicted injury on the victims, such as the removal and closure of the inside and floor in need of approximately four weeks of medical treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Each protocol of suspect examination of the police against E or F;
1. Statement made by the police against B;
1. G statements;
1. A medical certificate;
1. Photographs of victim B's face;
1. A report on investigation (a CCTV extracts from D main points);
1. Application of Acts and subordinate statutes in Chapter XII of a photograph by capturing CCTV images;
1. The pertinent legal provisions on criminal facts and Articles 2(2) and 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act; and the selection of fines [the Defendant is merely the part of a fighting match between E, F and the victim]. However, according to the aforementioned evidence, it is recognized that the Defendant had a victim go beyond the upper floor by keeping the victim from his/her arms. Thus, the Defendant cannot be deemed as an act of fighting another person with the said act, and thus, the Defendant’s aforementioned assertion is rejected].
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed;