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(영문) 제주지방법원 2017.08.16 2017고단950

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A and B shall be punished by a fine of 3,000,000 won, and Defendant C shall be punished by a fine of 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to one year of imprisonment with prison labor for the obstruction of business operations at the Jeju District Court on January 25, 2017, and on February 2, 2017, Defendant A had a total of six times of violence, including that the said judgment became final and conclusive.

[Criminal facts]

1. 피고인 A, 피고인 B의 공동 범행 피고인들은 2016. 9. 17. 02:00 경 제주시 D에 있는 ‘E 단란주점 ’에서, 피고인 B은 아무런 이유 없이 피해자 C(48 세) 을 부른 다음 주먹으로 피해자의 얼굴을 1회 때리고, 피해자의 몸을 붙잡고 밀고 당기며 몸싸움을 하고, 피고인 A은 이에 합세하여 주먹으로 피해자의 얼굴을 1회 때려 바닥에 넘어뜨린 다음 발로 피해자의 몸을 수회 걷어찼다.

As a result, the Defendants jointly inflicted injury on the victims, such as the removal of the bones, which requires approximately three weeks of treatment.

2. The Defendant C, at the time, at the time, and at the place specified in paragraph (1) above, she saw that she would be fit from the victim B (49) and carried out a physical fighting with the victim’s body, she was pushed down with the victim’s body, and she was pushed down with the victim’s her hand, and she was inflicted an injury on the victim by taking the her abstin of the victim’s abstinence during approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols concerning the examination of suspects of each public prosecutor against A or B;

1. Statement made by the police with regard to F;

1. Each written diagnosis (B, C);

1. On-site photographs, data on the site, and photographs of victims;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Defendant A and B of the pertinent provision of the Act on the Punishment of Violences, etc. and Defendant C of Article 2(2)3 of the Criminal Act and Article 257(1) of the Criminal Act concerning the crime: Article 257(1) of the Criminal Act;

1. Defendants who choose to be sentenced to a fine: Selection of a fine for negligence (including contingent crimes, not wanting to punish each other, and considering reflectivity, etc.);

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendants to be detained in the workhouse: each criminal law.