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(영문) 의정부지방법원 고양지원 2016.01.29 2015고정1035

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 C과 공동하여 2015. 2. 18. 00:25 경 파주시 D 소재 E 식당 앞 노상에서 피해자 F이 뭘 보냐고 한 것에 시비되어 피고인은 피해자를 주먹으로 가격하고, C은 넘어진 피해자의 얼굴을 발로 가격하는 폭행을 하여 피해자로 하여금 4 주간 치료를 요하는 ‘ 우 측 4 번째 손가락 원위 지골 관절 내 골절’ 상해를 가하였다.

Summary of Evidence

1. Legal statement of witness F;

1. Protocol of examination of the witness in relation to G;

1. A protocol concerning the examination of each police suspect with respect to C or H;

1. A F medical certificate;

1. F standing photographs (the defendant and his defense counsel only stated that the defendant was the defendant or the fighting match, and there is no fact that the victim was a victim as stated in its reasoning.

According to the evidence duly admitted by this Court, F (victim) was identified by the investigative agency to the extent that it was against the Defendant, and that it was against the Defendant.

The facts alleged, C and H correspond to each other, that the Defendant and the victim first had a vision.

The fact that the victim stated, the victim's statement is recognized as being sco and ma, etc. and according to this, the defendant's joint signature and injury to the victim is proved to the extent that there is no reasonable doubt, and thus the above assertion by the defendant cannot be accepted).

1. Article 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, May 6, 201);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.