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(영문) 인천지방법원 부천지원 2015.07.24 2015고단421

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 29, 2010, the Defendant is a person who was sentenced to a three-year suspended sentence of imprisonment for the commission of assault, death, etc. at the Incheon District Court Branch of the Incheon District Court for five years, and the said judgment became final and conclusive on January 13, 201, and is currently under suspended sentence.

The Defendant, around 06:10 on January 19, 2015, in the toilets for “EM clubs” with the “EM clubs,” from the “F,” which was known to, and known to, Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, the Defendant was in a singing club.

The Defendant, along with F, G, and the victim H (20 years of age), had satisfyed on the ground that the said victim’s horses, etc. were satisfed while drinking in the said sat clubs.

Accordingly, the Defendant and F jointly stated that the Defendant and F should catch military flags to the victim, and paid them as toilets, and the Defendant took the face of the victim by hand, and F took the face of the victim by drinking the victim, and F took the face of the victim by drinking, and the Defendant suffered injury, such as a complete spathing, which requires about four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I and H in part;

1. H’s statement among the suspect interrogation protocol of the accused against the prosecution;

1. Police suspect interrogation protocol regarding F;

1. Each police statement made to I and H;

1. Written Statement;

1. Investigation report (E counter-investigation);

1. A written diagnosis of injury;

1. Damage photographs (H), suspect F descendants, etc. photographs and damaged photographs (the defendant and his defense counsel asserted that the defendant committed an assault against the victim but did not inflict an injury jointly with F. However, according to the evidence duly adopted and examined, it can be recognized that the defendant inflicted an injury on the victim jointly with F. Thus, the above argument is without merit). The application of law is without merit.

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Selection of selective fine of punishment: Defendant does not recognize a crime.