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(영문) 수원지방법원 성남지원 2020.02.18 2019고정549

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants and C are singing customers, victims D are Eno-socing business owners, victims F are male students of D and victims G are working.

Defendants and C jointly opened a singing door in Enosa room located in Seongbuk-gu, Sungnam-si on January 8, 2019, where the victim G was under the influence of alcohol and used by the Defendants, and thereafter C became a vision for the reason that C was able to have a toilet up at the time of the rest of the toilet.

Defendant

A and C are shaking the head debt of the victim D, the defendant B was booming the victim D's hand, taking the victim F's hand, taking the victim F's face, taking the victim's face into drinking, and assaulting the victim G's face.

As a result, the Defendants, in collaboration with C, sustained an injury for about 28 days to the victim D due to the complex 3,4 balance of the right, suffered an injury for about 28 days, suffered an injury to the victim F for 1-day in the escape of the infant and the Haak 2-gu, Haak-gu, Haak-gu, Haak, etc., and suffered an injury to the victim G due to the right

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Each police suspect interrogation protocol of C, B, D, F, and G;

1. Each injury diagnosis certificate (D, F);

1. Case-related photograph [Defendant B]

1. Each legal statement of Defendant B in relation to the witness D, F, and G’s partial statement

1. Each police suspect interrogation protocol of A and C;

1. Each injury diagnosis certificate (D, F);

1. Application of Acts and subordinate statutes concerning the case

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and the selection of fines for negligence

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. The Defendants of the provisional payment order: Determination on the Defendant B and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant B and the defense counsel asserted that the defendant B did not assault the victims as stated in the facts charged and did not cause injury.

2. The Court shall legally adopt the judgment witness D, F, and G’s respective legal statements, including those of D, F, and G.