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(영문) 의정부지방법원 2019.02.14 2018고정1024

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is the head of the partnership of the housing redevelopment and rearrangement project association in the old city, and the defendant B is the head of the partnership of the housing redevelopment and rearrangement project association in the old city.

1. At around 18:30 on July 28, 2017, the Defendants: (a) obstructed the removal of a building by the victim E (the age of 60) under the underground of the building located in Gui-si, Gui-si; (b) Defendant B took one time at the victim’s scam; (c) Defendant A pushed the victim with his hand; and (d) Defendant A took a breath of the victim’s dub.

As a result, the Defendants jointly inflicted an injury on the victim, such as light, fluoral salt, and fluoral, in need of treatment for about 14 days.

2. On July 28, 2017, at around 18:30, the Defendants: (a) taken the victim F (the 53 years of age) in a Handphone on the gate of the building located in Gui-si, Gui-si on the ground that the victim F (the 53 years of age) takes a Handphone; (b) Defendant B moved the victim’s left arms, pushed the victim’s tight back, and (c) Defendant A took the breaon over the boom of the victim’s shoulder, thereby facing the head on the ground.

As a result, the Defendants jointly inflicted an injury on the victim, such as light, fluoral salt, and fluoral, in need of treatment for about 14 days.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness E and F;

1. Damage photographs, F, and E respective medical records, photographs by which a suspect A gives the right shoulder of F, 112 reported case handling records, investigation reports (in the situation at the time of dispatch of the site), and field video CDs;

1. The application of Acts and subordinate statutes to each criminal history record, etc.;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the same Act, the selection of fines

1. Defendants who are subject to aggravated concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

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

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

1. Defendants to bear litigation costs: The main text of Article 186(1) of the Criminal Procedure Act is relevant to the issues.