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(영문) 창원지방법원 진주지원 2017.05.18 2017고정77

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A and B shall be punished by a fine of five million won, and Defendant C shall be punished by a fine of three million won.

The Defendants were punished by fine.

Reasons

Punishment of the crime

Defendants are inter-regional ex post facto relationship, and victims D ( South, 63 years old) are the father of victims E ( South, 27 years old) and victims F ( South, 39 years old).

On May 23, 2016, around 23:00, the Defendants included money in the victim D’s personal extraction game in front of the H music practice hall located in G and carried out several games, and made several calls at the victim D’s contact number entered on the game machine surface where the human form is not well extracted, and the victims were able to look at the said place to confirm the condition of the game machine by receiving the phone from the Defendants during his family gathering.

1. Defendant B jointly with I in violation of the Punishment of Violences, etc. Act (joint property damage) on May 23, 2016, Defendant B damaged the game machine’s repair cost amounting to KRW 535,00,00 in front of the H music practice place located in G in Sacheon-si on May 23, 2016. Defendant B had a stone with the front glass of the said game machine owned by the victim D, and Defendant B had a stone with the front glass of the said game machine. Defendant B damaged the game machine’s repair cost by means of multiple types of games.

2. Violation of the Punishment of Violences, etc. by Defendant A and Defendant C (joint injury) - The victim F Defendants jointly and at the same time and place as set forth in paragraph 1, Defendant A took the face of the victim F under paragraph 1 as drinking, and Defendant C took the face of the same victim one time as drinking. Defendant C took the face of the same victim one time as drinking, thereby impairing the character of head and other parts requiring two weeks medical treatment, and spambling.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect by the prosecution against J or Defendant B;

1. Each protocol of interrogation of the police officers against the Defendants, D, E, F, K, J, I, and the Defendants;

1. Statement by the police concerning L;

1. A photograph of 22 pages, two copies of telephone conversations, four on-site photographs, and each CCTV photograph;

1. Detailed statement of transactions;

1. Medical certificate (F);

1. Application of the written estimate statutes;

1. Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act concerning the crime.