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(영문) 수원지방법원 안산지원 2015.09.15 2015고정998

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B are a simple studio, and the victim D(n, 36 years of age) are not known to each other.

1. 피고인 A 및 피고인 B의 폭력행위등처벌에관한법률위반(공동상해) 피고인들은 2014. 12. 26. 04:00경 안산시 상록구 E에 있는 ‘F’ 앞 노상에서 ‘G’ 업주인 H와 말다툼을 하던 중 피해자 D이 자신들의 다툼에 끼어들어 자신들을 말렸다는 이유로 격분하여 피고인 A은 손바닥과 주먹으로 피해자의 얼굴과 이마를 수 회 때리고, 무릎으로 피해자의 복부와 골반을 수 회 찼으며, 피고인 B은 양손으로 피해자의 멱살을 잡아 밀치고, 손바닥으로 피해자의 얼굴을 수 회 때렸다.

As a result, the Defendants jointly inflicted bodily injury on the victim, such as cerebral ley that requires medical treatment for about two weeks.

2. Defendant A’s property damage and damage caused damage to Defendant A’s property damage for the said reasons at the time and place set forth in the above paragraph (1) and caused the damage to its utility by cutting off, cutting off, destroying, and destroying the 1.60,000 won of the victim’s wear, while the victim had a dispute with the victim D for the said reasons.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or I (6,12 No. 12);

1. Application of the Acts and subordinate statutes concerning the injury diagnosis certificate and case-related photographs;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 366 of the Criminal Act (the point of causing damage to property): Defendant B: Selection of fines under each subparagraph of Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

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

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