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(영문) 의정부지방법원 2015.10.16 2015고단1896

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A A shall be punished by a fine of three million won, by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

The Defendants, at around 02:10 on January 10, 2015, at the main point of the trade name “F” in Gui-si E, and at around 02:10, the Defendants, while drinking alcohol and having a dispute with the conduct and trial of the victim G (the age of 24). Defendant A, by hand, was flobing the victim’s flab, and Defendant B, at knee, assessed the victim’s face.

As a result, the Defendants jointly inflicted injury on the victims, such as the closure of the bones, which requires approximately 8 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Statement of H among the suspect interrogation protocol of the police officer against A;

1. Application of diagnosis certificates and inquiry inquiry inquiry-related Acts and subordinate statutes;

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendant 1 who is selected to impose a fine: Defendant 2 who is selected to impose a fine;

1. Defendant 1 at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant 2: Article 62 (1) of the Criminal Act;

1. Defendant 1: Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommending sentence] general injury (Article 334(1) (Article 33 of the Criminal Procedure Act) (Article 1 of the basic area (Article 334-1) (Article 1 of the same Act) (Article 1 of the same Act). [Determination of sentence] The crime of this case is not planned but can be conducted by many people at the time, and it is likely that the crime of this case was committed by a large number of people at the time, and Defendant A is limited to two times of a fine, and Defendant B has no criminal power, and Defendant B has a favorable reason for sentencing such as deposit of KRW 20 million with the victim’

However, the result of physical appraisal of the victim in civil procedure is significant in proportion to the victim, because the defendants did not commit any harmful act at the time, and that the victim suffered considerable damage because the degree of the victim's injury was very serious.