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(영문) 서울동부지방법원 2013.04.18 2012고단2946

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

The Defendants had been dissatisfied with the victim C's assertion that the victim C was removed from wages by posting a telephone to himself.

Defendant

A around 23:20 on October 13, 2012, around 23:20, the victim discovered that the victim is leaving a room in Seongdong-gu Seoul Seongdong-gu, Seoul, and refused to talk outside of the victim, and when the victim's body was clicked three times with the victim's hand, the Defendants caused the victim who lost the balance of the victim's body to face with the chest side while the victim who lost the balance of the victim was written in the platform.

As a result, the Defendants jointly inflicted injury on the victim, such as cage cage cage fage fages, which requires approximately four weeks of treatment.

Summary of Evidence

1. Each legal statement of the Defendants (as of the third trial date)

1. Legal statement of witness E;

1. Part of the witness C’s legal statement;

1. The Defendants’ partial statements among each protocol of interrogation of each police officer against the Defendants

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

2. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the injured party C does not want to be punished by the Defendants, the motive and circumstances of the crime in this case may be considered. In addition, the Defendants’ age, character and conduct, environment, means and consequence of the crime, etc. shall be determined by taking into account all the circumstances such as the following circumstances.