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(영문) 인천지방법원 2014.03.28 2013고정4689

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Around 02:00 on July 18, 2013, the Defendants: (a) mistakend the victim D (58 years of age) who driven a taxi on the front side of the Kafabb in Nam-gu Incheon Metropolitan City on the front side of the Kafabba in order to ring his seat to another taxi; (b) caused the victim’s body by hand; and (c) Defendant B had the victim’s face by walking the door of the cab operated by the victim so that the victim’s face of the cab can correspond to the said cab.

The Defendants jointly inflicted injury on the victim, resulting in the victim’s injury, such as the impairment of the character of the cryptive beverage, which requires approximately two weeks of treatment.

2. Defendant B, at the same time and place as set forth in paragraph (1), stolen the victim’s mobile phone owned by the victim of the defect at the market price amounting to KRW 400,000,00 in a manner that the said victim took away his/her cell phone from his/her own mobile phone to report to the police.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendants: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and the selection of each fine

B. Defendant B: Article 329 of the Criminal Act (a thief) and selection of fine

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;