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(영문) 대전지방법원 2014.07.30 2013고정254

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is the Vice-Chairperson of D D D D D D D D D D D, and the same B is the Director of D Management Office.

On August 26, 2012, the Defendants: (a) around 21:05, at the D1st floor guard room in Seo-gu, Seo-gu, Daejeon as security guards; (b) at the D1st floor guard room, the security guards belonging to the D management body in conflict with D business Association, F (65 years old), G (72 years old), and security room; (c) Defendant A was carrying the victim F’s gate out of the building, and carried the victim F out of the building; (d) Defendant B was pushed the victim F out from the security room to the outside of the building; and (e) Defendant B was pushed the chest with both hand, and continued to have the chest of the victim G.

As such, the Defendants jointly inflicted injury on the victim F, such as the left-hand chest, which requires treatment for a period of 14 days, on the part of the victim G, and on the part of the victim G in need of treatment for a period of 14 days.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. A president of the F;

1. Application of each injury diagnosis letter, on-site photographing statutes;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. The reasons for sentencing under Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014) are as follows: (a) the Defendants confession and reflect the crimes indicated on the 6th public trial date; and (b) the victims have no longer been punished. It is so decided as per Disposition by the assent of all participating Justices.