beta
(영문) 대전지방법원 천안지원 2013.12.19 2013고단1616

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A Imprisonment of three months, Defendant B, Defendant C, Defendant D, Defendant E, and Defendant F are punished by a fine of three hundred thousand won.

Reasons

Punishment of the crime

Defendant

On November 12, 2013, two Vietnames on E and name in Vietnam were under dispute with the victim J(35 years of age) K and shoulder while dancing at the IN club stage located in Asan-si, Asan-si, and became under dispute. The Defendants were under dispute with the age club employees. On the same day, at around 23:25 of the same day, the Defendants were under dispute with the entrance of the said Iart club, and the victim was under dispute with the victim's face and body toward D, and the victim was under dispute with the victim's face and body.

As above, the Defendants jointly inflicted injury on the part of the victim, which requires approximately 42 days of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of each police statement on L/M;

1. Written statements of the J;

1. Application of Acts and subordinate statutes to field photographs, diagnosis reports, investigation reports (related to the damaged part and the degree of injury), investigation reports ( analysis of CCTV images on the site of the incident), and prosecution reports (Attachment to the Certificate of Injury);

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 (the imprisonment with prison labor for the Defendants A and the fine for the remaining Defendants shall be chosen respectively);

1. The rest of the Defendants except the Defendant A in the custody of a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A who has suspended execution: Article 62 (1) of the Criminal Act (limited to the degree of injury inflicted on the victim, but it appears that the defendant has committed all the crimes and has committed the crime of this case contingently during commission of the crime, and considering the fact that the defendant has agreed smoothly with the victim);

1. The remaining Defendants except the Defendant A: Article 334(1) of the Criminal Procedure Act