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(영문) 대구지방법원 2014.03.13 2013고단7020

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of 2 million won, and by a fine of 700,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On August 10, 2013, at around 02:50, the Defendants were waiting for a substitute driver on the street in front of the E main office located in Busan Metropolitan City D on August 10, 2013, and the victim F (27 years of age) took a bath to G (the 28 years of age) who works for the Defendants, without any reason, while under the influence of alcohol, and take a bath to the Defendants, such as the frating of the frat (the frat, the frat, the frat, the frat, the frat, the frat, the frat, the frat, the frat of the victim, the frat, the frat of the victim, and the frat, the frat, the f

As a result, the defendants jointly put up the 42-day treatment to the above victims, such as an alley of the inner wall that requires treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

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

1. An unfavorable circumstance is that the injury inflicted on the victim on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of each of the provisional payment orders is minor.

However, Defendant A did not have any previous record of fine due to the violation of the Road Traffic Act in addition to one time before and after the fine was imposed, Defendant B did not have any previous record of the crime, Defendants 2 repented and reflected the mistake in depth, and deposited money for the victim after the Defendants was prosecuted for summary.

In full view of the aforementioned circumstances, the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, including the Defendants’ age, character, conduct, career, and environment, the punishment as ordered shall be determined as per Disposition.