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(영문) 부산지방법원 2013.09.13 2013고단1892

폭력행위등처벌에관한법률위반(공동폭행)

Text

1. Defendant A shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. At around 01:10 on January 20, 2013, Defendants A and B jointly committed an act of assaulting the victim F in the “E” located in Busan Jung-gu, Busan, stating that the victim F did not have any reason to drink as the Defendants. In addition, when the victim’s face is taken to drink the victim’s face, Defendant B committed an assault, such as taking the victim’s face into consideration.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant B, at the time and place specified in paragraph 1, carried the victim G, who was sitting in F next to the date and place, for the same reason as Paragraph 1, left the victim G, a dangerous object, and inflicted injury upon the victim G, including the left eye grass and open body around the snow, for about three weeks of treatment.

Accordingly, the defendant carried dangerous articles with the victim and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness F and G;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to victims G and suspect F images and injury diagnosis reports;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint injury, the selection of fines): Defendant B: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of carrying a deadly weapon);

1. Aggravation of concurrent crimes (Defendant B) Articles 37 (former part), 38 (1) 2 and 50 (within the scope of the sum of the long-term punishments in the above two crimes);

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act (permissible punishment for victims, contingent crimes, and minor damage);

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Suspension of execution (Defendant B) Article 62 (1) of the Criminal Act (Discretionary Mitigation Grounds);

1. Article 334(1) of the Criminal Procedure Act is above Article 334(1) of the Provisional Payment Order (Defendant A);