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(영문) 춘천지방법원 강릉지원 2014.06.13 2014고단235

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Gangnam Branch of the Chuncheon District Court on December 18, 2013, and ten months of suspended execution and two years of suspended execution, and the said judgment was finalized on March 26, 2014 and is currently in the grace period.

【Criminal Facts】

Defendant

A은 2013. 12. 18. 00:10경 동해시 D에 있는 E주점 앞 노상에서 피해자 F(19세)의 일행들과 시비되어 피해자 F의 머리를 잡아 넘어뜨리고, 이를 말리는 피해자 G(여, 19세)이 피고인의 머리채를 잡는다는 이유로 피해자 G을 발로 찼다.

Accordingly, Defendant B was able to take the head debt of the Victim G on the ground that the victim H (the 19 years of age) was fighting, and the victim H (the 19 years of age) was fighting.

I, however, went beyond the victim H by drinking once, and her face was taken once and several times on the ground that the victim J(22 years of age) speaks.

Defendant

A was at the back of the victim J with his hand.

As a result, the Defendants, in collaboration with I, committed the injury to the victims, such as dynasium, tension, etc. of the bones of wood, which requires two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of examination of suspect against the police officer G, F, H, and J;

1. Each written diagnosis (G, F, H, and J);

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (a) and Acts and subordinate statutes;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order under Article 334(1) of the Criminal Procedure Act include a large number of criminal records, and Defendant A committed the instant crime without being involved in the suspended execution period, and the Defendants inflicted damage on a large number of victims.