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(영문) 서울남부지방법원 2017.08.18 2017고단61

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A A A shall be punished by a fine of KRW 5 million, by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 1 million.

Reasons

Criminal facts

1. Defendant A and B’s joint crime committed on September 20, 2016 at a golf course parking lot located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul on the ground that the wife of Defendant B and Defendant A (the 49-year-old age) caused the wind of Defendant C and Defendant A, Defendant A brought an injury to the victim, such as the victim’s hand, when the victim faces the face of the victim by drinking and her hand, and Defendant B took over the victim’s face by drinking, and Defendant B sustained over the victim’s face by drinking, and caused the victim’s injury to the victim, such as a handy room open for hand, without any damage to the handy that requires treatment for up to 23 days.

As a result, Defendant A and B jointly inflicted an injury on the victim.

2. Defendant C was exposed to the assault of the victim A(S) as stated in paragraph (1) at the time and place, and the victim C was exposed to the assault of the victim A(S 47) as stated in paragraph (1) at the time and place, and the victim C was exposed to the victim B(S 57) at the time of drinking against the victim B(S 57).

Accordingly, Defendant C assaulted Victim A and B.

Summary of Evidence

[Judgment No. 1]

1. The respective legal statements of the defendant A and B;

1. A protocol concerning the interrogation of each police officer against Defendant C;

1. Each injury diagnosis report against Defendant C [the facts of the judgment No. 2]

1. Each legal statement of a witness A and B;

1. Application of Acts and subordinate statutes to photograph suspected persons;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A and B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of each fine

B. Defendant C: Article 260(1) of the Criminal Act; Selection of each fine

1. Defendant C who is subject to aggravated concurrent crimes: former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act;

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

1. The Defendants of the provisional payment order: Determination on the Defendant C’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. Defendant C was assaulted by Defendant A and B, and only her body flapsed to avoid this, and Defendant A and B were recorded in the facts charged in the instant case.