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(영문) 인천지방법원 2014.05.23 2014고정1317

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On January 21, 2014, at the main point of “F” located in the Seo-gu Incheon, Seo-gu, Incheon, at around 2014.20:40, the Defendants: (a) while drunk Defendant A, who was under the influence of alcohol, b) had a dispute with the victim G, stating that Defendant A is not a width foreigner; and (b) Defendant H was pushed down with the victim’s breath by bomb; (c) the victim’s bomb; and (d) Defendant B was slicking the victim’s breath, and b) the victim’s breath face once.

As such, the Defendants jointly carried out a sponsor, which requires approximately four weeks of treatment, on the part of the victim.

2. The Defendants: (a) at the above date, at the above time, and at the above place, G made the Defendants arbitrae, and (b) Defendant A pushed the victim’s breath with dubling hand; and (c) Defendant B also carried the victim’s face at one time by drinking.

As such, the Defendants jointly put the victim into the left-hand dynasium, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement made to G and I;

1. Application of Acts and subordinate statutes of each injury diagnosis certificate (17 pages and 19 pages of investigation records);

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc., and Article 2 (1) of the same Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;