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(영문) 의정부지방법원 2018.01.18 2017고단4299

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants: (a) on May 2, 2017, on the ground that the victim F was exposed to oil leakage on the floor of the above parking lot at the “E Automobile Industry Institute” parking lot located in Pyeongtaek-gun, Gyeonggi-do on May 2, 2017, Defendant A, on the ground that: (b) the victim F was exposed to oil leakage on the floor in the above parking lot; and (c) Defendant A, on the ground that:

Defendant B, at around 07:30 on the same day, her hand was shaking the victim’s bat, her knee, and her knee, her knee, her knee, and her knee, her knee, her knee, and her knee, her knee, her knee, her knee, and her knee, her knee, her knee.

As a result, the Defendants jointly inflicted an injury on the victim, such as a scarcity scarke, which requires treatment for about 14 days.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness F, G and H;

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. A protocol concerning the examination of suspect of the defendant A;

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

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2 of the same Act concerning the selection of punishment, Article 257 (1) of the Criminal Act, and the selection of fines;

1. Taking into account the following: (a) the Defendants’ reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act were denying the Defendants from committing the crime; (b) the Defendants are deemed to have committed a single crime force; (c) there are unfavorable circumstances to the Defendants; (d) the degree of injury to the victims is not excessive; (e) the Defendants’ business site is taken into account as the case occurred in the course of resisting the victims who want to file a civil petition by photographing the Defendants’ business site; and (e) the degree of involvement in the Defendant B’