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(영문) 서울서부지방법원 2013.08.22 2012고정1325

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On August 22, 2011, the Defendants demanded the victims E (year 57) to have an office at the office of the Yongsan-gu Seoul Metropolitan Autonomous Committee of D Apartment around 21:00.

시비가 되어, 피고인 A은 피해자 E의 얼굴을 주먹으로 때리고 왼쪽 팔을 잡아 넘어뜨리고, 이를 말리는 피해자 F(72세)의 가슴을 손으로 밀어 넘어뜨려 바닥에 팔꿈치를 부딪히게 하고, 피고인 B은 피해자 E이 넘어진 채로 피고인 A의 다리를 잡고 있는 것을 보고 발로 피해자의 어깨를 걷어찼다.

As a result, the defendants jointly put about about 42 days back to the left side of the 42-day medical treatment to the victim E, and put about about 14 days back to the victim F in order for the victim F to receive approximately 14-day medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of witness E, F, G, H and I in the second protocol of the trial;

1. Partial statements made by the witness J in the third protocol of trial;

1. Some statements in each police statement made to K, L, M, and I;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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. It is so decided as per Disposition for the reasons under Articles 70 and 69(2) of the Criminal Act or above;