beta
(영문) 수원지방법원 2013.09.25 2013고정1972

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 16, 2012, the Defendant violated the Punishment of Violence, etc. Act (joint injury) along with C, the Defendant got out of the above main points on the street in front of the D building in Suwon-si, Suwon-si, a Suwon-si, on the ground that C was able to take a bath from the victim E, and C went out from the main toilets.

The Defendant, at that place, expressed that “I do not wish to do so within the inner breath,” carried the breath of the victim’s face by hand, batd the victim’s face by drinking, and bat off the victim’s bridge by launching the bat with C, and assaulted the victim by taking the body of the victim’s body together with C and walking.

As a result, the defendant, in collaboration with C, sustained injuries such as the inner left part and the left part of the family in need of medical treatment for about 14 days.

2. In the time and place specified in the above Paragraph 1, the injured Defendant inflicted injury on the victim F, who was a victim of E, by drinking, on the ground that the victim F, who was on duty, was aware of the Defendant, by drinking the victim’s left side of the victim at one-time, on the part of the victim, who was in need of approximately one week medical treatment.

Summary of Evidence

1. Each police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to investigation reports (general-suspect E, victim F photograph attachment);

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 257 (1) of the Criminal Act, and the selection of fines;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion does not constitute violence against the victims, and there are only facts going beyond the victim E in the process of speaking the victims E, and the Defendant’s act is self-defense.