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(영문) 춘천지방법원 강릉지원 2017.06.28 2017고단322

폭력행위등처벌에관한법률위반(공동상해)

Text

[Defendant A] Defendant A shall be punished by a fine of two million won.

Defendant

A fails to pay the above fine;

Reasons

Punishment of the crime

On October 31, 2016, at E restaurant located in Gangnam-si, 19:50 around 19:50, the Defendants were victims F (n, 59 years of age) and Si expenses, which are not good for peace, and Defendant A followed the said victim by cutting, pushing, fasting, cutting, and cutting the breath of the said victim’s candle, and Defendant B took the breath of the said victim’s candle with his hand, and continued to control the victim’s G (n, 59 years of age). Defendant A also saw the breath of the said victim’s side part of the said victim’s G, etc., taking approximately 2 week medical treatment, and a breath of the joint wall that needs to be taken from the victim’s side of the said victim’s G, and a breath of the joint wall that needs to be taken from the victim’s side of the said victim’s G, respectively.

The Defendants jointly and severally inflicted injury on the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part G or F of the suspect interrogation protocol against the Defendants

1. Each police statement made to F and G;

1. A place where each emergency medical service activity is conducted;

1. Each investigation report (the photographing, and the search and investigation of the proprietor of a restaurant business);

1. Application of Acts and subordinate statutes to each medical certificate and each medical expenses invoice receipt;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Act on the Punishment of Defendants who choose the punishment for a crime (the selection of a fine and a punishment for a defendant B)

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act (an aggravated punishment of concurrent crimes with regard to victims G with heavy circumstances)

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 62(1) of the Criminal Act (Article 62(1) of the Suspension of Execution (Defendant B) (The consideration of favorable circumstances among the reasons for sentencing as follows);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) is the cause of the dispute of this case, the degree of injury of the victims, the relation and degree of participation and responsibility among the Defendants, the suspension of qualifications for each of the Defendants, and the victims.