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(영문) 광주지방법원목포지원 2020.10.16 2019고단1310

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for six months.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

Defendant

B around April 18, 2019, around 22:20, 2019, "E" located in Yong-Nam A, Yong-Nam, Yong-Nam, and became a dispute with the victim C (Nam, 29 years of age) while communicating with the victim C.

Since then, while the defendant B and the victim moved to a nearby fronter and continued to talk, the defendant A arrived at the fronter, and the defendants were assaulted by her hand and her face and body at a time.

As a result, the Defendants jointly inflicted an injury on the victim, such as the cutting of internal walls that require medical treatment for about 56 days.

Summary of Evidence

1. Defendants’ partial statement

1. The witness C’s legal statement (special assault), site photograph, internal investigation report (the victim’s statement of diagnosis and the name ratio of the crime), injury diagnosis, release confirmation, internal investigation report (E CCTV image verification), CD1, CD confirmation document (F, G), translation of telephone conversations contents, investigation report (E neighboring CCTV analysis), CD image backup business, CD and editing photograph Defendant B put on the front line with the victim, but immediately she was taken on the front line, and the Defendant A did not take the front line, and therefore, the Defendants asserted that there was no fact that the Defendants were the victim.

However, in full view of the following facts: ① The victim’s statement is consistent with the process of fighting and the state of damage; ② the victim’s statement is consistent; ② the victim’s statement is followed by two persons after the arrival with the victim; ② the movement of the victim to the arrival of the Defendant A is confirmed through CCTV; ③ The victim’s call records show that Defendant B is liable for medical expenses through the victim’s telephone call with the victim; Defendant A is confirmed; Defendant A has made a statement that recognizes the fact that the victim was the victim; ④ the defendants found the victim during the investigation, and there was a fact that the victim was the victim’s intention during the investigation.