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선고유예
(영문) 인천지방법원 2009.1.9.선고 2008고정4376 판결

가.폭력행위등처벌에관한법률위반(공동상해)·나.상해

Cases

1. Violation of the Punishment of Violences, etc. Act (joint injury)

(b) Injury;

Defendant

1. A. Defendant 1

Residential Seo-gu Incheon (hereinafter referred to as "Seo-gu")

Reference domicile Incheon Dong-gu (hereinafter referred to as "Saeung")

2. A. Defendant 2

Residential Seo-gu Incheon (hereinafter referred to as "Seo-gu")

Reference domicile, Seosan City (hereinafter referred to as "Sasan City")

3. A. Defendant 3

Residential Seo-gu Incheon (hereinafter referred to as "Seo-gu")

Reference domicile, Seosan City (hereinafter referred to as "Sasan City")

4. B. Defendant 4

Housing Incheon Yeonsu-gu (hereinafter referred to as "Housing Yeonsu-gu")

Reference domicile in Mapo-gu Seoul (hereinafter omitted)

Prosecutor

nan

Defense Counsel

Attorney Park Do-young

Attorney Park Do-young

Imposition of Judgment

January 9, 2009

Text

Defendant 1, Defendant 2, and Defendant 3 shall be punished by a fine of KRW 1,00,00.

Where Defendant 1, Defendant 2, and Defendant 3 fail to pay each of the above fines, KRW 50,000 for each of them;

Defendant 1, Defendant 2, and Defendant 3 shall be confined respectively in a workhouse for the period converted into the day.

In regard to Defendant 1, two days of detention before the imposition of this judgment shall be confined in a workhouse;

include between them.

Defendant 1, Defendant 2, and Defendant 3 respectively ordered the provisional payment of the amount equivalent to the above fine.

A sentence of punishment shall be suspended against Defendant 4.

Reasons

Facts of crime

1. Defendant 1, Defendant 2, and Defendant 3 jointly with Park ○, Park ○, and Park ○:

May 27, 2008 : 50 Doz. at the Nam-gu Incheon National University Doz. 171, Nam-gu, Incheon National University No. 171

- Defendant 2, Defendant 1, and Defendant 4 of the victim when the “satis” performs a public performance at the Incheon National University.

A. As a result, Defendant 1 was a drink while fighting a body fighting with one another before, Defendant 4 was a drink.

the defendant, who takes the face of his/her face at several times and takes the face of his/her drinking by his/her Park ○, and the defendant;

Human 2 The vehicle shall walk along the channel, etc. one time, and the defendant 3 shall take a hand-time course of the chest and walk;

Park ○○ When her ambly ambly, one time, one time, one time, and 56 days, to the above Defendant 4.

Inflicting injury, such as a closed frame of an inner wall requiring treatment, a duplicating duplicating, suplicating with internal organs, etc.;

2. Defendant 4:

At the same time and at the same place, the victim's ambico at the victim's ambling once a week by setting up against it; and

To ○○, the injury was inflicted upon ○, such as the bones, bones, etc. requiring three weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness ○○○;

1. A protocol concerning the examination of each police suspect against the Defendants, the Defendants, the Park ○, and the Park ○

1. A medical certificate of injury, and a medical certificate;

Application of Statutes

1. Relevant Articles of criminal facts;

Defendant 1, Defendant 2, and Defendant 3: Article 2(2) and (1) of the Punishment of Violences, etc. Act

No. 3, Article 257(1) of the Criminal Act (Selection of Fines)

Defendant 4: Article 257(1) of the Criminal Act (Selection of Fines)

1. Detention in a workhouse;

Defendants: Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of pre-trial detention;

Defendant 1 and Defendant 4: Article 57 of the Criminal Act

1. Suspension of sentence:

Defendant 4: Punishment to be suspended: Fine of 500,000 won per day, and fine of 50,000 won per day under Article 59(1) of the Criminal Act

The number of days of detention in a workhouse by rate and the number of days of detention in a workhouse shall be included per day)

1. Order of provisional payment;

Defendant 1, Defendant 2, and Defendant 3: Article 334(1) of the Criminal Procedure Act

Judges

Judges