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(영문) 부산지방법원 동부지원 2013.04.08 2012고정1490
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Criminal facts

Defendant

A around 04:10 on August 4, 2012, at around 04:10, the victim D (the age of 26) was the victim D’s 26 years old, Busan Shipping Daegu E Apartment, Busan, and the defendant A and the defendant B met each other, and heard that the defendant Eul and the defendant B would be imprising the defendants, but the defendant A was able to kill the victim for the reason that the victim would be bad, thereby damaging the defendant A’s breath, and breathing the breath of the victim’s wife B with a double hand on the ground that the defendant’s wife B mets it, and he was harming the victim’s body by assaulting the victim’s breath, thereby damaging the victim’s 21 days old alcohol and the breath of the mouth.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to investigation reports (general), investigation reports (Attachment, etc. of a medical certificate for injury);

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The portion not guilty under Articles 70 and 69 (2) of the Criminal Act for the detention in a workhouse;

1. 공소사실의 요지 피고인들은 공동하여, 위 범죄사실 기재와 같이 피해자 D의 폭행에 대항하여 피고인 B이 피해자의 팔을 잡아 할퀼 때 피고인 A은 양손으로 피해자의 상체를 잡아 바닥에 넘어뜨리는 등 피해자에게 전치 21일간의 입술 및 구강의 표재성 손상 등의 상해를 입혔다.

2. Determination

A. Comprehensively taking account of the witness D’s legal statement, the police interrogation protocol against the Defendants, and each description of the written diagnosis of injury, the following circumstances are recognized.

1. The date and time of committing the instant facts charged is around 04:10, but the place of committing the instant facts charged is a book attached to the apartment entrance of the neighboring apartment park in Busan Shipping Daegu apartment complex, and the said entrance is open to the passage leading to the fourth line, and the Defendants, a couple’s death, are excessive petling.

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