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(영문) 인천지방법원 2020.06.23 2020고정848

폭력행위등처벌에관한법률위반(공동상해)등

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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On September 26, 2019, the Defendant of criminal records was sentenced to one year of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on October 22, 2019.

Since there is no disadvantage to the defendant's defense, the confirmation of the above judgment (refer to the output of the results of the search of the Konet case which is bound to the trial records) ex officio without any changes in the indictment is recognized as a criminal offense in the latter part of Article 37

2. 범죄사실 피고인과 B는 2019. 1. 5. 04:00경 인천 부평구 C에 있는 ‘D’ 주점 앞에서 줄을 서서 기다리던 중, 피해자 E(22세)과 피고인의 몸이 부딪쳐 피고인, B와 피해자 E, F(22세)이 말다툼을 하던 중 피고인이 피해자 E의 얼굴을 주먹으로 때려 넘어뜨리고 이를 말리는 피해자 F의 얼굴과 몸을 주먹으로 때리고 발로 차고, B는 피해자들의 얼굴과 몸을 주먹으로 때리고 발로 찼다.

As a result, the Defendants jointly inflicted injury on the victim F, such as the impairment of crypology, which requires approximately two weeks of medical treatment, and assaulted the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements in the police interrogation protocol concerning B;

1. Each police statement to F and E;

1. Investigation report (the change of name of a crime and the attachment of CCTV);

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of cases A pending trial of a suspect);

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and the selection of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The form of the crime.