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(영문) 창원지방법원 통영지원 2013.04.25 2012고단1118

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(공동상해) 피고인과 C는 2012. 2. 29. 02:00경 거제시 D노래연습장 안에서 피해자 E(36세)이 술값을 지불하지 아니하고 경찰에 위 노래연습장을 신고하려고 하는 것에 화가 나 C는 피해자의 팔을 잡고 움직이지 못하게 하고, 피고인은 “이놈 이거 상습범이네, 안경 벗어”라고 하며 오른 주먹으로 피해자의 좌측 눈 부위를 수회 때려 피해자를 바닥에 넘어뜨리고 발로 피해자의 좌측 옆구리를 수회 찼다.

As a result, the Defendant, in collaboration with C, inflicted an injury on the victim, such as internal surgery, which requires approximately eight weeks of treatment.

2. The Defendant in violation of the Music Industry Promotion Act is a person who operates a singing practice room in the city.

Defendant,

A. On February 25, 2012, around 21:08, around 21:08, to E as a customer in the instant singing practice room, sales of 10 cans, which are alcoholic beverages, to E, 80,00 won, and arranged for an influence loan in name.

B. On February 28, 2012, around 23:40, the foregoing persons, who had been in the foregoing place, sold five cans which are alcoholic beverages, and arranged for a loan in favor of their names;

C. On July 10, 2012, around 21:10, four customers on the name of the same place were sold to four customers, who are alcoholic beverages, at KRW 12,00.

Summary of Evidence

1. Defendant's legal statement;

1. The second written statement made to E by the police;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) and Article 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of an adjacent loan arrangement), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of sales of alcoholic beverages), and the choice of fines;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.