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(영문) 창원지방법원 진주지원 2017.08.29 2017고단372

폭력행위등처벌에관한법률위반(공동상해)

Text

1. Defendant A shall be punished by imprisonment for six months.

2. Defendant B shall be punished by a fine of five million won.

Reasons

Punishment of the crime

On December 30, 2016, at around 02:00, the Defendants: (a) walked the victim E (hereinafter referred to as “the victim E”) (the victim’s 40 years old) who was a part of the region in which the Defendants got her walk on the road located in the Cheongnam-gun, Busan-gun around 02:00; and (b) caused the victim’s injury, such as “the victim’s buck at once; (c) the victim’s face after her breathing the victim; and (d) the victim’s face after her breathing the victim; and (d) the victim’s b was able to walk the victim’s body, going beyond the course, and walked the victim’s body, and the victim suffered injury, such as “the b and 3 bnd-way therapy”, which requires approximately six weeks medical treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. Police statements made to E and F;

1. Each injury diagnosis letter;

1. Complaint;

1. Investigation reports (investigation into dispatch, etc. to the scene);

1. Application of Acts and subordinate statutes to investigation reports (to hear the statements of members of an emergency medical service worker in 119 mobilization and to append documents for emergency medical service activities);

1. The Defendants of the relevant criminal facts: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendant A who is selected to be sentenced to imprisonment: Defendant B who is sentenced to a fine;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Circumstances unfavorable to the majority of the previous criminal offenders (Defendant A) - Circumstances favorable to him/her: The confession of the crime, reflectivity, effort to recover damage (30 million won, the Defendants), and no criminal record (Defendant B)