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(영문) 수원지방법원 여주지원 2016.12.12 2016고단1055
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants were aware of their work while living in the workplace, and victims were students of middle and high schools, and the Defendants and victims did not know at all.

On June 7, 2016, at around 02:30, the Defendants were to attach each other a vision on the ground that the victim D (year 18) walked along the bus stops in front of the bus stops located in Ison-si, Leecheon-si, 200.

Defendant

A는 피해자 D에게 다가가 주먹으로 얼굴 부위를 수회 때리고, 피해자 E(18세)의 머리 부위를 주먹으로 1회 때리고, 피고인 C은 피해자 D의 얼굴, 몸통 부위를 주먹으로 수회 때리고, 발로 수회 걷어차고, 피해자 E의 얼굴, 몸통 부위를 주먹으로 수회 때리고, 발로 수회 걷어차고, 피고인 B는 피해자 E의 얼굴 부위를 주먹으로 수회 때리고, 발로 수회 걷어찼다.

As a result, the Defendants jointly committed an injury to victims E, such as a non-alley and a part-time aggregate which require approximately 4 weeks of medical treatment, and a non-aggravating body, etc., which requires approximately 2 weeks of medical treatment to victims D.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of D or E;

1. The police statement concerning F;

1. Voluntary report on special injury:

1. Application of Acts and subordinate statutes of each injury diagnosis certificate (E submission), diagnosis certificate (D submission);

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

1. Of concurrent crimes, the former part of Article 37, and 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of each of the instant orders for provisional payment is that the degree of injury suffered by the victims due to the instant crime, but Defendant A and B did not have any record of punishment heavier than that of the same kind or fine, and Defendant C did not have any record of punishment.

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