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(영문) 서울중앙지방법원 2015.12.08 2015고정1833

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant and B are ‘D club' in Gangnam-gu Seoul, and E is the general manager of D club.

B around 05:00 on February 28, 2014, in order to have the victim F(45 years of age) under the influence of alcohol in D clubs returned to Korea, at the entrance of D clubs, with E and G, while G was carrying the victim, G was from the stairs of D clubs, when G was faced with the victim, the victim’s face was hicked by hand, and E was pushed off with the victim, and E was pushed off with the wall.

At the entrance of a D club, the Defendant continued to stop the victim from re-entering into a D club, and turned the head debt of the victim into the floor by putting him/her head debt, putting him/her back the body of the victim into the floor, putting him/her back by drinking and selling his/her body, and putting him/her up with E by combining it with it.

As a result, the Defendant, in collaboration with B and E, inflicted injury on the victim, such as franchising, which requires approximately six weeks of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police suspect interrogation protocol of B and E;

1. The police statement concerning F;

1. A medical certificate of injury, or an injury photograph;

1. Application of the Acts and subordinate statutes on internal investigation report (CCTV and search);

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 27 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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