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(영문) 인천지방법원 2018.07.06 2018고정417
폭력행위등처벌에관한법률위반(공동상해)
Text

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

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendants, while passing through D’s front road located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, on April 27, 2017, around 00:30 on April 27, 2017, Defendant A is suitable for delivery to the victim F (28 years old) who was getting on and off Ortoba.

The victim's face was blicked twice by her hand and the victim's face was set up against the victim, and when Defendant B took one time as drinking each part of the victim's blick and the bones of the left side, Defendant B left part of the victim's 14-day treatment was required for the victim.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness F;

1. A written diagnosis of injury;

1. The investigative report (CCTV PP) [Defendant B] asserts that he is unrelated to the instant case since he did not provide the victim with a verbal guidance at the time.

However, in light of the fact that the victim made a detailed statement from the investigative agency by separating the acts of the defendant B and the defendant A, the fact that the victim abuseds the defendant A, etc. that is disadvantageous to the victim from the beginning, and the fact that the victim made a false statement about the act of the defendant B, what is the benefit that the victim can obtain by making a false statement about the act of the defendant B, and the CCTV photograph is verified that the defendant A rather speaks the defendant B, and at the time, the defendant B seems to have taken an aggressive attitude toward the victim, it is difficult

Application of Statutes

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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