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(영문) 광주지방법원 순천지원 2014.11.20 2014고정583

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(공동폭행) 피고인과 B은 2014. 5. 31. 02:10경 광양시 백운로 시청사거리 앞 도로에서 일행인 C 운행의 D 소나타 승용차에 함께 승차하여 이동하던 중 그곳 횡단보도 상을 보행하던 피해자 E(39세)과 부딪힐 뻔하여, B이 위 승용차에서 하차하여 피해자에게 다친 곳이 없느냐고 물었으나 피해자가 욕설을 하였다는 이유로 시비가 붙자, B은 양손으로 피해자의 가슴을 밀쳐 넘어뜨리고 주먹으로 피해자의 얼굴을 1회 때렸으며, 피고인은 이에 가세하여 피해자의 온몸을 발로 찼다.

Accordingly, the defendant assaulted the victim jointly with B.

2. The Defendant and B violated the Punishment of Violence, etc. Act (joint injury) committed an injury to the victim F (29 years of age) who committed an act of assaulting the victim F (29 years of age) who committed an act of assaulting the above E and the Silf for the said reasons at the time and place set forth in paragraph (1). The Defendant and the Defendant committed an injury to the victim, including the victim’s head collection, and the victim’s head collection, and the victim’s face can be taken by drinking and drinking, and the victim’s body was cut back to the victim, and the victim was able to take part in drinking and drinking, and then the victim suffered an injury, including 4,5,6,77, and 8 catus catus.

Accordingly, the defendant, together with B, injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for E, F, B, or C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the same Act, Article 260 (1) of the Criminal Act (the point of joint violence), Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), the selection of fines;

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

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

1. The order of provisional payment;