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(영문) 인천지방법원 2013.11.15 2013고정3233

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 6, 2013, at around 22:57, the Defendant found the victim D (year 55) located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and on the ground that the victim was not at his own examination, the Defendant was hicking the victim over the miscellaneous floor, and the Defendant was hicking the victim under B’s back part.

As a result, the defendant jointly with the victim B, who is unable to know the number of days of treatment on the knee-com.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect regarding D by the prosecution (including the B's statement);

1. Application of Acts and subordinate statutes to investigation reports (influence of injury, failure to submit a medical certificate and photograph);

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc. and Article 257 (1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are the basic livelihood recipients, the victim does not want the punishment against the defendant, and the degree of injury of the victim, etc.