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(영문) 인천지방법원 부천지원 2012.12.27 2012고단1957

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

1. The Defendants violated the Punishment of Violences, etc. Act (joint injury) around 01:50 on October 30, 2012, on the ground that the victims D, who had passed the said place on the front side of the 593-7, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and Seocheon-gu, was the victim and Si expenses, and the Defendant A was able to see the left side of the victim, and b was able to see the victim's kick with his hand, and Defendant B was able to drink his arms.

As a result, the Defendants jointly inflicted injury on the victim, such as ear's portrait and satison infection on the left-hand side in need of treatment for about 21 days.

2. 폭력행위등처벌에관한법률위반(공동폭행) 피고인들은 제1항과 같은 일시, 장소에서 위와 같이 D를 폭행하던 중, 그곳을 지나가던 피해자 E을 D의 일행으로 오인하고 손으로 피해자의 머리를 2회 때리고, 발로 피해자의 배를 1회 차고, 피고인 B는 발로 피해자의 배를 1회 찼다.

Accordingly, the Defendants jointly assaulted the victim E.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to F, G, D, and H;

1. Each photograph;

1. A copy of the work log;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes [Defendants] each of the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

1. A provisional payment order [Defendants] Article 334 (1) of the Criminal Procedure Act;