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(영문) 인천지방법원 2015.09.03 2015고정2287

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 02:00 on September 13, 2014, the Defendant, together with C and D, performed the flat of the victim E (the age of 41) in Namdong-gu, Incheon, Nam-gu, Incheon, with C and D, displayed the flat of flat of the victim E (the age of 41), brought the victim E face with his arms, and D took the chest of the victim E as his hand and spat.

D continued the victim F (year 42) committed assault, following the victim F (year 42) at the lower end, the victim F was flicked at several times due to his hand and scam, and the victim E’s face that the victim F was trying to go beyond the D’s bridge in front of the above Lao square, “G” restaurant, one time as drinking, and the Defendant assaulted the victim F by hand on the alleyway toward the side of the department store at the aforesaid Lao square.

As a result, the Defendant, in collaboration with C and D, inflicted injury on the victim E, such as salt, tensions, etc. in need of approximately 14 days of treatment, and inflicted injury on the victim F in collaboration with D, which requires approximately 42 days of treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police suspect interrogation protocol for D, C, or E;

1. The police statement concerning F;

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

1. Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 2(1)1 of the Criminal Act; Article 257(1) of the Criminal Act; the selection of fines

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize the Defendant to commit the instant crime, the Defendant’s primary offender, and the degree of the Defendant’s participation in the instant crime is insignificant compared to other accomplices, and other various conditions of sentencing, such as the Defendant’s age, character and conduct, environment, motive and consequence of the crime, etc.