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(영문) 부산지방법원 동부지원 2016.01.28 2015고정24
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

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

If the above defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendants are friendly relatives, and victims D(45) E(43) E(43) are friendly between them.

1. Around 01:10 on June 28, 2014, the Defendants, in violation of the Punishment of Violences, etc. Act (joint assault) left a taxi on the front of the G coffee located in Busan Shipping Daegu F, thereby returning the direction of the Defendants to take the taxi on the front of the G coffee.

The victim D, who was driving a car and passed through the car, takes a warning to the cab, Defendant B took a bath, and the above victim also made the car at the car.

The above defendant saw the bage of the above victim as his hand, and the defendant A saw the breath of the above victim as her hand, and her breath of the chest.

Accordingly, the Defendants jointly assaulted the above victim.

2. 피고인 A의 상해 피고인 A은 위 일시장소에서 위 싸움에 가세한 피해자 E의 얼굴 부위 등을 주먹으로 수회 때리고, 위 피해자의 가슴을 입으로 깨묾으로써 위 피해자에게 오른 뺨 및 가슴 부위의 찰과상을 가하였다.

3. Defendant A’s damage to property: (a) was sealed by the victim H (E) who was fighting at the time and place at the above time and place; and (b) was damaged by the son’s mobile phone device 4S, which the said victim used in his hand, falling into the floor, and the back of the son’s mobile phone device was broken down.

Summary of Evidence

[Defendant A]

1. Statement made by Defendant A in this Court (as at the fifth trial date);

1. Entry of each statement in the suspect examination protocol of D or E prepared by the police;

1. E (Evidence No. 44, 45 of the evidence record) and the video images of a phiphoneic damage (Evidence No. 46 of the evidence record) / [Defendant B]

1. Part of the statement made by Defendant B in this Court (as at the fifth trial date);

1. A statement made by the witness D in this court;

1. Application of Acts and subordinate statutes stating a statement in the suspect interrogation protocol against A prepared by the police;

1. Relevant Article of the Act and the Punishment of Violences, etc. Act concerning the crime (hereinafter referred to as "the Punishment of Violences, etc.") of the same Act;

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