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대전지방법원 2015.03.18 2014고정1625

폭력행위등처벌에관한법률위반(공동상해)

Text

1. The defendant shall be punished by a fine of 300,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2, 2014, at around 09:00 on May 22, 2014, the Defendant, jointly with E, took photographs submitted to the court by the victim D and the victim C, without permission from G, on the land of the Defendant. The Defendant assaulted twice the victim D’s static mouth, four times the victim C’s shot part of the victim C’s hair, and the victim’s chest was pushed one time the victim’s chest.

As a result, the defendant jointly committed two-day treatment with the victim D, both sides of the composts, which require treatment for about two weeks, and approximately two-day treatment to the victim C, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. Each injury diagnosis letter;

1. Application of statutes on photographs of damage;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the relevant criminal facts and the punishment of selective crimes;

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 (100,000 won a day);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Compensation Orders and Provisional Execution Declarations (Applicants) are asserted to the purport that the victims do not have the intention of injury or fall under self-defense or self-defense because they have affixed a photograph unfairly upon the land owned by the defendant by the victims, and they have affixed it to defend them

However, according to the evidence duly adopted and examined by this court, it is recognized that the victims had been on the land owned by the defendant, but the defendant agrees to walk with the victims repeatedly prior to D and C.