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(영문) 창원지방법원 2012.04.20 2011고단1478

폭력행위등처벌에관한법률위반(공동상해)

Text

1. Defendant B shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

B around 00:10 on November 11, 2010, the victim F (manam and 25 years of age) was able to take care of the horses when drinking together on the steel path in front of the Seocho-gu Ecafeteria in Changwon-si, Changwon-si, and the victim F (manam and 25 years of age) was able to take care of the face and body part of the victim's drinking, and the defendant A, who met this, was able to take care of the victim by drinking, and dives and dives that require the victim to take care of about 21 days for drinking.

Summary of Evidence

1. Defendant B’s legal statement

1. Part of the statement of the police and investigation report (to listen to the statement of a witness G) with respect to G (excluding the part that the accused assaultss the victim, and the part that Defendant A was at the time of the victim’s head due to his care);

1. Part of the investigation report (the part on which the police officer dispatched to the scene B, who stated that the defendant A inflicted an assault against the victim together with himself, shall be included in the investigation report);

1. Application of each injury diagnosis certificate, and statutes governing damaged photographs;

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (the point of joint injury and the selection of fines) concerning criminal facts;

1. The criminal defendant A to be suspended from sentence: A fine of one million won;

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the Criminal Act (50,000 won per day for Defendant A);

1. Defendant A of suspended sentence: The reason for sentencing under Article 59(1) of the Criminal Act (hereinafter referred to as the following reason for sentencing);

1. Defendant B: The victim has not yet been fully recovered from the damage caused by the instant crime, but the defendant's severe punishment was sought. However, the defendant's time of crime and reflects himself, the first offender, the defendant's deposit of KRW 5 million for the victim, the defendant's age, etc. shall be determined by taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age.

2. Defendant A: Defendant B is prevented from assaulting a victim.

In other words, assault is also imposed on the victim who is not the victim.