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(영문) 수원지방법원 평택지원 2014.05.01 2014고단293

폭력행위등처벌에관한법률위반(공동상해)등

Text

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

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. The Defendants in violation of the Punishment of Violences, etc. Act (joint injury) found the victim G (17 years of age) in Pyeongtaek-si on November 30, 2013 at around 00:40, the victim G (17 years of age) was silent, and the victim her her her her her her her her her her her her her her her her and her her her her her her her her her her her her her her her her her her her her her her her her her her her her and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the Defendants jointly inflicted an injury on the victim.

2. The Defendants, in violation of the Punishment of Violences, etc. Act (joint confinement), detained the victim from around 01:00 to around 04:10 on November 30, 2013 in the manner of complying with the victim’s “H” located in Pyeongtaek-si I, thereby preventing the victim from going to the said alcohol house for three hours.

Accordingly, the Defendants jointly detained the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Protocol of the police statement concerning G;

1. A written diagnosis of injury;

1. Seizure record and list;

1. Application of the photographic Acts and subordinate statutes;

1. Article 2 (2) and (1) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act (the point of joint confinement), Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury), the selection of each fine;

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. Article 334(1) of the Criminal Procedure Act of the provisional payment order imposes an injury on the victim who is a juvenile in the reason of sentencing, and imposes an injury on the victim. However, the Defendants’ liability for the crime is not somewhat weak.