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(영문) 수원지방법원 성남지원 2016.10.26 2016고단1504
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of seven million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On October 30, 2014, Defendants in violation of the Punishment of Violences, etc. Act (joint confinement) urged the victim to arrest the victim into the vinyl located in Gwangju-si, Gwangju-do, in the view that the victim F (the 62 years of age) was not paid the money to E, and that E would not pay the money to the Defendants, and that E would not pay the money to the Defendants. Defendant A would take the victim’s vehicle’s key to the victim’s vehicle into custody, cut off the victim’s vehicle by taking advantage of the victim’s vehicle’s key to the vehicle. Defendant B’s HK5 car forced the victim’s handphone, and prevented the victim from communicating with the other by taking advantage of the victim’s handphone. Defendant B driven the said vehicle, leading the victim into the said plastic house, and prevented the victim from leaving the said plastic house by no later than 12:15 on the same day.

Accordingly, the Defendants jointly detained the victim.

2. 폭력행위등처벌에관한법률위반(공동상해) 피고인들은 2014. 10. 30. 08:00경 제1항 기재 비닐하우스 내에서, 피해자 F에게 E에 대한 채무를 변제할 것을 추궁하던 중 피해자가 변명을 하자 화가 나 피고인 A은 손바닥으로 피해자의 얼굴을 2회 때리고, 발로 배를 걷어찼으며, 그곳에 있는 나뭇가지로 피해자의 머리를 2회 때리고, 피고인 B은 발로 피해자의 배와 허벅지 부위 등을 걷어찼다.

As a result, the Defendants jointly inflicted bodily injury on the victim, such as dynassis, bones, etc. which require approximately four weeks of medical treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of the body or diagnostic report of injury;

1. Article 2(2)3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 257(1) of the Criminal Act; Article 2(2)2 of the Punishment of Violences, etc. Act; Article 276(1) of the Criminal Act; Article 276(1) of the Criminal Act; Article 276(1) of the Criminal Act; selection of imprisonment with prison labor for

1. Aggravation for concurrent crimes;

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