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(영문) 서울북부지방법원 2016.09.02 2016고정591
상해등
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of five hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The defendants are living in Seongbuk-gu Seoul Metropolitan Government D apartment 122 702 Dong 702, and victims E (n'e, 29 years of age) reside in the above apartment 122 Dong 701.

1. Defendant A, around September 17, 2015, on the ground that the victim assaulted himself/herself at around 122, 702, 122, and 702 of the above apartment building, Defendant A suffered bodily injury, such as catum cather, which requires approximately 21 days of treatment to the victim, on his/her hand.

2. The Defendants’ co-principaled Defendants entered the living room through the entrance door of the said victim’s residence while pushing the victim E at the date, time, and place specified in paragraph (1).

Accordingly, the Defendants jointly intruded upon the victim’s residence.

Summary of Evidence

1. Legal statement of witness E;

1. Each interrogation protocol of prosecution and police officers concerning E;

1. A complaint filed by E;

1. A written diagnosis of injury to E;

1. Application of statutes on field photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 257(1) of the Criminal Act (the point of injury); Article 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply); Article 319(1) of the Criminal Act (the point of joint residential intrusion); the selection of each fine.

B. Defendant B: Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act, and Article 319(1) of the Criminal Act

1. Aggravated concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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