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(영문) 수원지방법원 성남지원 2014.04.11 2013고정1871

폭력행위등처벌에관한법률위반(공동상해)

Text

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

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

Reasons

Punishment of the crime

On October 14, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. in the Sungwon District Court's Sungnam branch on the grounds of the violation of the Act on the Control of Narcotics, etc., and the said judgment became final and conclusive on March 29

At around 20:00 on November 200, the Defendant jointly with C, stating that, in the case of drinking alcohol at the F point located in the first floor of the building in the E market parking lot, the victim G, who the Defendant and C drinks in another table, is bad, is called as “if she is able to find out a letter of death, she must do so, she shall do so,” and, on the ground that C would be bad, about 10 times the face of the victim in drinking while taking the victim’s desire, and the Defendant expressed two times the victim’s face “this son” to the victim, and the Defendant inflicted injury upon the victim, she would be hicking and hing the face of the victim during the treatment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and G;

1. C and each police interrogation protocol of the accused;

1. Each police statement of G and H;

1. G Fact-finding certificates;

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

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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