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(영문) 부산지방법원 동부지원 2017.08.23 2017고단1350

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

B Imprisonment for eight months, Defendant A shall be punished by a fine of ten million won, and Defendant C shall be punished by a fine of three million won.

Reasons

Punishment of the crime

Defendant

A was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (Composition and Activities of Organizations, etc.) at the Busan District Court on November 7, 2012, and was executed on April 9, 2016 by military prison on April 201.

피고인들은 2017. 3. 1. 10:45 경 부산 해운대구 D에 있는 ‘E’ 주점에서 함께 술을 마시던 중, 옆 테이블에 있던 피해자 F( 여, 25세), G( 여, 33세) 이 기분 나쁘게 쳐다보았다는 이유로 상호 욕설을 하며 시비하다가 화가 나, 피고인 C는 손으로 피해자들의 머리채를 강하게 잡아당기고, 피고인 A은 이에 가세하여 “ 씹할 년, 너 같은 년이 어디서 시비를 거 노! ”라고 욕설하며 위 F의 머리채를 잡아 흔들고 손으로 뺨을 3회 때리고, 피고인 B는 위 F의 머리채를 잡고 바닥에 넘어뜨린 후 발로 얼굴과 온몸을 수차례 밟고, 발로 위 G의 다리와 온몸을 수차례 걷어찼다.

As a result, the Defendants jointly committed an assault on the said F with an inner part and a bundledal part in need of treatment for about 20 days, and the said G.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Investigation reports (in the course of the occurrence of the case, field photographs, etc.), internal investigation reports (in the form of a diagnosis), internal investigation reports (in the form of a diagnosis), investigation reports (in the form of an on-site CCTV photograph), the application of CCTV image-related Acts and subordinate statutes;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 2(2)1 of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act (the point of joint violence against Defendant B) (the imprisonment with prison labor and the choice of each fine against Defendant A and C) (the commission of joint violence against Defendant B)

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

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