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(영문) 인천지방법원 2017.07.19 2017고단3956

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the father of Defendant B who is the father of each other.

On May 2, 2017, at around 17:44, the Defendants jointly filed disputes with the victim and women in Yeonsu-gu Incheon Metropolitan City C and B02 at the residence of the victim D (52 tax). Defendant B suffered injury to the victim when the victim suffered approximately 5 weeks from the victim’s head 9 and 10 flicks that require the victim’s treatment in the right side of the victim’s head 9 and 10 flicks.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to E and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of fines for negligence

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

1. Defendants of the provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act by the Defendants on the grounds of the crime of this case is not weak.

Defendant

A has been punished several times due to the same crime of violence, and recidivism was made even during the period of repeated crime due to the crime of interference with business.

However, considering the fact that the Defendants recognized and reflected the crimes, and that the victims agreed smoothly with the victim, the Defendants’ age, sex, environment, family relationship, health status, criminal punishment, degree of participation in the crimes, circumstances before and after the crimes, etc., the punishment as ordered shall be determined by taking into account all the circumstances of sentencing.