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(영문) 대전지방법원 천안지원 2013.11.14 2013고단904

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fine, fifty thousand won shall be applied.

Reasons

Punishment of the crime

The Defendants are students of the E-university department located in ASEAN-si D.

At around 01:10 on November 2, 2012, the Defendants: (a) had the victim G (year 22) who is a student of the said IT management department take care of the victim’s head and take care of the victim’s face and body in a group under the influence of alcohol and alcohol; (b) had the victim G (year 22) take care of the victim’s face, body part, etc. in drinking and knee; (c) had the victim kne take care of the victim’s face and body part, etc.; (d) Defendant B took care of the victim’s face of the victim H (age 22) two to three times as drinking; and (e) the Defendants took care of the body and face of the victim’s H beyond the victim’s face on several occasions.

As a result, the Defendants jointly committed an injury to the victim G, such as the ambry, etc., which requires approximately two weeks of treatment, and the victim H, such as the closed frame at the bottom of the necessary frame accompanied by the inner slope, such as the right side, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related H;

1. Each self-written statement of I, J, G, K, L, M, N, andO;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

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 provides that the Defendants jointly assaulted the victims, and that there is no effort to recover from damage, even though the victims’ injury requires treatment for two or seven weeks, there is a need to strictly punish the Defendants.

However, the defendants are still university students, and there was a misunderstanding with each other, and the defendants were involved in collective fighting.