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(영문) 대구지방법원 포항지원 2019.09.18 2019고단737 (1)
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

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

Reasons

Punishment of the crime

2. Defendant A

A. On October 30, 2018, the Defendant, at around 16:30 on October 30, 2018, expressed the victim B (the age of 48)’s desire to “spulch” and assaulted the victim’s face at one time by hand on the ground that F and A were unable to fight each other on the road of D E plant located in South-gu, Seoul at the port of North Korea, as a matter of arranging the assembly on the road of D E plant.

B. On October 30, 2018, the Defendant: (a) 16:30 on October 30, 2018, the Defendant: (b) expressed the victim G (the age of 47) who fights in his body on the ground that F and A would not be able to fight one another on the roads of D E plant located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul; and (c) assaulted the victim’s face at one time by hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of H and I;

1. Each police statement on J, K, L, G, M, N, B,O, and P;

1. Application of Acts and subordinate statutes to the internal investigation report (K's damaged parts photograph), the written diagnosis of injury (K), the investigation report (the analysis of dynamic images recorded on the face of violence, and the closure of visual images, etc.);

1. Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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