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(영문) 부산지방법원 2014.03.13 2012고단10672

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant

A shall be punished by a fine for negligence of 500,000 won, and by a fine of 3,00,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

On July 27, 2012, A was sentenced to 8 months of imprisonment and 2 years of suspended execution at the Busan District Court on July 27, 2012. The judgment became final and conclusive on August 4, 2012.

1. On May 3, 2012, Defendant B: (a) caused a Ybaba, which was in the Ybaba-dong, which was in the Ybaba-dong, to be prone to each other with D who is another customer; (b) caused assault from D; (c) misleads the victim E (the age of 41) who was under the influence of alcohol to have assaulted himself as a beer disease; (d) caused the victim’s face twice by drinking; and (e) caused injury to the victim, such as an internal part that requires approximately four weeks of medical treatment, the left part, the upper part of the lower part of the body, and the bid and the injury to the victim.

2. On July 8, 2012, the Defendant, in collusion with D, received KRW 2.30,00 won of the alcohol value by being provided with 2.30,00 won of the alcohol value, in collusion with D, even though there is no intention or ability to calculate the alcohol value in the G singing room operated by the Victim F (the age of 47).

Summary of Evidence

1. Defendants’ respective legal statements

1. The Defendants and D’s written statements in each police interrogation protocol

1. Each police statement to F, H, I, and E;

1. A complaint;

1. Receipts:

1. Investigation report (attached photographs, written estimates, etc.);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Fraud relevant to the fraud of criminal facts: Articles 347 (1) and 30 of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Handling concurrent crimes (Defendant A), the latter part of Article 37 of the Criminal Act, and Article 39 (1) of the Criminal Act (trade between past records and judgment, such as a violation of the Road Traffic Act of the first head at the time of the marketing);

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more of the Criminal Act;