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(영문) 대구지방법원 2015.08.13 2014고정3021

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A and B shall be punished by a fine of 300,000 won, and Defendant C shall be punished by a fine of 1,00,000 won.

The Defendants respectively.

Reasons

Punishment of the crime

1. At around 14:30 on August 30, 2014, the Defendant: (a) committed an attack with the victim A (the victim (the 67 years of age) at the street store in Daegu Jung-gu, Daegu-gu; (b) brought about a dispute over the street shop; and (c) committed an assault by the victim B (the 63 years of age), who continued to go beyond the victim’s 12 weeks of treatment, by pushing the victim A’s chest used to move an article located therein; and (d) doing so, the victim B (the 63 years of age), who continued to go beyond the victim, assaulted the victim B’s buck with the victim’s knick at one time and going beyond the victim’s knife.

2. 피고인 B, 피고인 A 피고인들은 함께 제1항 기재, 일시 장소에서, 위와 같이 노점상 통로문제로 피해자 C(67세)과 말다툼을 하다가 화가 나, 피고인 B는 피해자의 멱살을 잡고, 피고인 A는 피해자의 머리채를 잡아당기면서 손톱으로 할퀴고 발로 찼다.

As a result, the defendants jointly put the victim about two weeks of treatment, sponsor, etc. in need of treatment.

Summary of Evidence

1. Defendants’ partial statement

1. The witness C’s legal statement (as to the defendant B and A);

1. The witness B and A’s legal statement (as to the defendant C),

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to an investigation report (a petition submitted by B and a written diagnosis of additional injury A);

1. Article applicable to criminal facts;

(a) Defendant B and A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act

B. Defendant C: Article 257(1) of the Criminal Act and Article 260(1) of the Criminal Act

1. Defendant C from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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