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(영문) 인천지방법원 2017.05.18 2016고단7572

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On June 29, 2016, around 10:10 on June 29, 2016, Defendants used F food in Nam-gu Incheon Metropolitan City E, Defendant G and Si expenses, Defendant A took the victim’s face and body several times as drinking, Defendant B took the victim’s neck, and assaulted Defendant B in combination with it beyond the bridge.

As a result, the Defendants jointly inflicted injury on the victim, such as cutting the frame of the unit that requires treatment for 56 days.

Summary of Evidence

1. Defendant B’s legal statement

1. Statement made by the defendant A in the second public trial records;

1. A protocol concerning the examination of the police officer in G;

1. A criminal investigation report (as regards the counter parties to the suspect and video data, a criminal investigation report (as to the verification of the viewing ofCCTV images) and a criminal investigation report (as to the suspect G telephone communications);

1. A table of notification to the 112 reported department;

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

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. The degree of injury to the victim of the defendant A is severe, and the defendant has been sentenced to one time to the sentence, one time to the suspended sentence, and six times to the fine; and

However, the defendant recognized his mistake and reflected his mistake.

Restoration of damage and receipt of a letter from the injured party.

2. In the course of speaking Defendant B fighting, he was involved in the assault and the degree of participation is relatively minor.

The defendant recognized his mistake and reflected his mistake.

Restoration of damage and receipt of a letter from the injured party.

There are two-time criminal records of fines.

Each of the above circumstances and other conditions of sentencing, including the defendants' age, sex, family relationship, property status, etc., shall be equally taken into account to determine the punishment as ordered.