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(영문) 청주지방법원 충주지원 2013.03.06 2012고정389

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants and C are students in the second-year fashion design of D University.

On May 1, 2012, at around 01:00, the Defendants were in fluence on the ground that the victim F(24 years of age) was under the influence of alcohol in front of the Dial University of Chungcheongnam-gu, Chungcheongnam-do.

Defendant

A는 그 무렵 같은 장소에서 피해자와 몸싸움을 하면서 동인의 멱살을 잡고 주먹으로 동인의 얼굴을 때리고, 피고인 B은 위 싸움에 가세하여 피해자와 몸싸움을 하면서 주먹으로 피해자의 얼굴을 때리고, C는 피고인 A, B 및 피해자와의 싸움에 가세하여 피해자를 껴안아 넘어뜨린 후 발로 걷어찼다.

As a result, the Defendants jointly with C put up various types of gambling, which requires approximately three weeks of treatment, to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning suspect interrogation of C;

1. Statement of each police statement related to F and G;

1. A complaint (including a written diagnosis of injury);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act for the defendants who choose to commit a crime;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act