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(영문) 광주지방법원 2014.09.25 2014고단1366

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, 100.

Reasons

Punishment of the crime

At around 01:00 on December 23, 2013, the Defendants discovered that the victim F (the 38 years of age) was inside the E private house located in the area of the Jeonbuk-gun, Jeonbuk-gun, North Korea, and discovered that the victim F (the 38 years of age) was in a public house with the husband G of the case other than the Defendant A and was in a public house at the end of his happiness, and the her escape was pushed the victim with the inside of the victim, and then the Defendant B entered the victim with the inside and outside of the public house. The Defendant B stated that “I am a baby of the baby in the school of the baby in the baby of the baby in the baby in the baby of the baby in the baby of the baby in the baby of this year in the baby of this year as follows: (a) I was unable to drive the victim's right by her hand while taking a bath of head with his left hand, and was able to assault the victim in the left part by drinking.

As a result, the Defendants jointly inflicted an injury on the victim by 21-day high-speed celebris which requires medical treatment.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness F, H and G;

1. Some of the interrogation protocol of the police against the Defendants

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Article 2 (1) and (1) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Code for the Detention in the Nowon-gu Station (the defendant and his defense counsel argued that there was no assault other than the fact that the defendant A was shaking the victim's head, but according to the part of each police interrogation protocol against the defendant, according to the defendant's statement of the police interrogation protocol, the defendants also entered the victim's head. It can be recognized that the defendants and the victim were inside the victim at the time of the case. Considering the above facts, it is sufficiently recognized that the defendants abused the victim as stated in the judgment of the court, and that the defendants inflicted an injury by assaulting the victim as stated in the judgment of the court (I and J called the police officer dispatched to the scene at the time of the accident).