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Reasons
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(영문) 전주지방법원 2016.09.23 2016고정7
폭력행위등처벌에관한법률위반(공동상해)등
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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

On May 17, 2015, at around 10:15, the Defendant’s wife C, and the Defendant’s wife D, deemed the victim F as trying to install a wooden gate and fence on May 17, 2015, and prevented the victim F from installing the wooden gate and fence, the Defendant’s gate (1.5m x 1.3m x 2m x 1.3m) and the fence (2m x x 1.3m) were laid out of the alley.

As a result, the Defendant, in collaboration with C and D, suffered injury to the victim, such as dump salt, which requires approximately three weeks of treatment, and damaged the wooden gate and fence owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with regard to F;

1. The written statement of the defendant;

1. A report on the occurrence of a loss;

1. A report on internal investigation (related to submission of a medical certificate);

1. A criminal investigation report (8 pages of investigation records);

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (the point of joint injury and the choice of fines) of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 366 of the Criminal Act (the selection of a fine)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. Defendant and his defense counsel’s assertion

A. The Defendant is only a fact that the victim tried to install the fence and the gate to the entrance of the alley, and the fence shall be placed.

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