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(영문) 광주지방법원 목포지원 2016.09.20 2016고정114

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A and B shall be punished by a fine of KRW 1,000,000.

Defendant

A and B fail to pay the above fine, respectively.

Reasons

Punishment of the crime

Defendant

A and C are married couple, who operate a general restaurant in the name of “F” in Sinpo City E, and Defendant B is friendly with Defendant A, and Victim G (53) is a person who works in the above F cafeteria.

Defendant

A and C were required to pay wages after the victim G retired from the above F cafeteria, and the victim G visited the restaurant to the victim G to receive the restaurant, and called the victim G by telephone.

Then, at around 20:40 on June 25, 2015, the Defendants: (a) 20:40 on the following side of the F cafeteria; (b) Defendant A sent several times to the head part of the Victim G Ha who has been paid wages by hand; (c) her chest part of the victim H (29 years old and the victim G son) who continues to grow up with the her body part; (d) Defendant B her face part of the victim G was fright up five times by hand; and (e) Defendant B her fright part of the victim G’s face was fright back to the victim’s fright, and her fright part was fright back to the left face.

As a result, the Defendants jointly committed an injury to the victim G, such as cerebral finite, which requires approximately two weeks of treatment, and injury to the victim H such as chinum, tension, etc. requiring approximately two weeks of treatment.

Summary of Evidence

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

1. Each legal statement of witness G, H and I;

1. Application of each statute to the G upper part of the G, ctv video records (ROMs), boom video records (ROMs), G, and H respectively;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 257 of the Criminal Act; the selection of fines, and the selection of fines, respectively.

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged against Defendant A and B are facts constituting the crime.