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(영문) 수원지방법원 2013.12.19 2013고정2989

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A and B are conducted with C and D, and victims E (n, 39 years of age) and victims F (38 years of age) are committed.

At around 02:00 on June 24, 2013, the Defendants: (a) 02:00, when they walked on the street in front of the H convenience point in Suwon-si G, Defendant A was faced with the shoulder of the victim E; (b) Defendant A was pushed off the shoulder of the victim E and walked several times after he was pushed off; (c) Defendant A and B met the victim’s face and body body with drinking and sprinking the head of the victim F; (d) Defendant A and B met with drinking and sprinking the body for about 35 days to the victim E; and (e) sustained the victim E with the injury of the blood head of the right side that requires treatment for about 35 days; and (e) the injury of the victim F to be sponsed in the number of days of treatment to the victim F.

Accordingly, the Defendants jointly inflicted injury on the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of E, F, C, or D;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of an E injury diagnosis report);

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the punishment of crimes;

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

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

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.