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(영문) 대전지방법원 2015.01.22 2014고정1427

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of 2,00,000 won, and by a fine of 2,50,000 won, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

On July 7, 2013, at around 05:10, the Defendants: (a) committed assault against Defendant B, on the ground that the victim D (son, 19 years of age) in front of the Seo-gu Busan Central Diplomatic Association, Seo-gu, Seo-gu, Daejeon, 1084, stated that Defendant D’s daily act “I are the same as that of drinking,” Defendant B took the face of the victim by drinking, taken the body of the victim’s face, taken the victim’s face, taken the victim’s face, followed the victim’s body that was sent, and Defendant A took the victim’s body.

As a result, the Defendants jointly put up the body of the bones, which requires medical treatment for about 21 days, to the victims.

Summary of Evidence

1. Defendant B’s partial statement

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;

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

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

1. Defendants of the provisional payment order: Defendant A denies the crime, but considering the following circumstances acknowledged by the evidence, the above facts charged against Defendant A are sufficiently recognized.

(1) The victim and E consistently make a statement from the investigative agency to the court that Defendant A was in accordance with this Act to the effect that the victim was born by Defendant B, and any of the Defendants at the time did not make any person to speak.

② According to Defendant A’s assertion, he told Defendant B, who was neared, and was assaulted by Defendant B, was not at the location of the injury. On the other hand, Defendant A cannot easily be said to have suffered the injury of the victim who was assaulted by Defendant B from Defendant B actively.

③ In addition, the Defendants did not know at all the first victim or E.