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Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. 폭력행위등처벌에관한법률위반(공동상해) 피고인은 2012. 4. 17. 19:29경 서울 강북구 B 앞 C시장 안에 있는 D 운영의 ‘E’ 식당에서 술을 마시다가 술에 취하여 옆 테이블에 있는 파전 등 음식물을 가져다 먹었는데 위 D가 이를 말리자 D를 밀어 넘어뜨렸고, 이를 본 피해자 F(60세)가 112신고를 하자 피고인과 G이 양쪽에서 피해자를 붙잡고 피해자의 얼굴을 주먹으로 각 수회 때려 피해자에게 약 2주간의 치료가 필요한 우측 귓바퀴의 다발성 열상 등의 상해를 가하였다.
Accordingly, the defendant, together with G, injured the victim.
2. The Defendant committed assault against the Defendant, such as the Defendant, at the time and place indicated in paragraph (1), and at the 112 report, he saw that he was fighting with the said G, he saw that he was spiting with the said G, spiting him, and spiting him twice the clothes of the said I’s border, three times the chests of the chest, and spiting him with the chest, etc. on the following grounds:
Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on the suppression of crimes and the maintenance of public order.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F and I;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article 2(2) and (1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2(2) and (1)3 of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 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;