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(영문) 대전지방법원 서산지원 2014.03.21 2013고정191

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 29, 2012, around 22:56, the injured Defendant inflicted injury on the victim F (hereinafter “E”) in front of the main point of “E” located in Seocho-si, Seosan, on the ground that the victim F (hereinafter “E”) did not go against the shoulder within the said main point and did not go against the shoulder within the said main point, thereby getting off the victim by hand beyond the ground floor, and caused the victim to undergo approximately three weeks medical treatment.

2. The Defendant violated the Punishment of Violence, etc. Act (joint injury) at a place specified in paragraph (1) and at a time, provided that the Defendant scambling the above F by the victim G (M, 32 years of age) who is the first pedagog of F with regard to the Defendant scambling the F, and that the Defendant Ha and I combined with the latter, Ha and I, the Defendant Hab the head of the victim scam up to the floor, humbling the victim’s head, and scambling the victim’s head into several occasions, etc., the Defendant scambling the victim for about three weeks.

Accordingly, the defendant, together with H and I, injured the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, G, J, K and L;

1. A witness H and I's partial statement in court;

1. An injury diagnosis certificate and an injury diagnosis certificate;

1. Application of CCTV closure photographs, victim and Acts and subordinate statutes concerning the suspect photograph;

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 257 (1) of the Criminal Act, and the selection of fines;

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

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

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the injury of the victim F was caused by the victim F and the victim’s sexual intercourse, etc. at the scene after the Defendant left the scene, and the Defendant committed violence against F and G at the scene.

Doctrine, video files (Evidence No. 1) submitted by the defendant and the prosecutor are submitted.