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(영문) 서울남부지방법원 2018.06.07 2018고정51

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A and B shall be punished by a fine of two million won.

Defendant

A or B fails to pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is currently infinite status as a Chinese national Korean.

Defendant

B is a Korean national of China who works for a day-work work as a Chinese national.

Defendant

C is a person who works for a construction work as a Chinese national Korean.

Victims D is currently infinite as Chinese nationality Koreans.

Defendant

At around 22:00 on April 26, 2017, A and B assaulted Defendant C and the victim D while drinking alcohol with Defendant C and the victim D within the “F cafeteria” located in Guro-gu Seoul Metropolitan Government, and Defendant A collected the glass World Cup in the above restaurant table with D’s face, Defendant B took five times the face of D with the two hand, and Defendant A assaulted D’s face by putting them together with the two gate preparation equipment located in the above restaurant.

As a result, Defendant A and B jointly assaulted the victim and inflicted injury on the victim, such as “the open headal wound” that requires approximately two weeks of treatment.

Summary of Evidence

1. The respective legal statements of the defendant A and B;

1. Statement made by the police against D;

1. D damaged image photographs;

1. Investigation report (an investigation into CCTVs on “F cafeteria” at the scene of the crime), and a CD copy of CCTV images at the scene of the crime);

1. Investigation reports (Attachment of suspect D's written diagnosis of injury submitted), and the application of Acts and subordinate statutes of the written diagnosis of injury;

1. Article 2 of the Act on the Punishment of Violences, etc., Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines, respectively;

1. Defendant A and B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A and B of the provisional payment order: The liability for the crime is minor in light of the details of the crime for sentencing under Article 334(1) of the Criminal Procedure Act;

It is difficult to say that there is no agreement with the victim, or that the victim has first exercised violence against the defendant A, that the defendant A and B deposited money equivalent to the amount for the victim, that the above defendants are the first offender who has no criminal history, and that there is other injury suffered by the victim.