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(영문) 대전지방법원 천안지원 2018.10.05 2018고단1420
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are in front of E drinking house in Southern-gu, Southern-si, South-gu, Seoul, on December 7, 2017, the victim F (25 years of age) and this Defendant “I am bad.”

”라고 물어보았다는 이유로 서로 말다툼을 하다가 격분하여 피고인 A는 피해자의 멱살을 잡고 벽으로 밀어 넘어뜨린 후 넘어진 피해자의 얼굴과 복부를 발로 수회 밟고 걷어차고, 피고인 B은 이에 가담하여 넘어졌다 일어난 피해자의 다리를 발로 걸어 넘어뜨리고 피해자의 얼굴을 발로 수회 밟고 걷어찼다.

As a result, the Defendants jointly provided the victim with a 4-day therapy and the eyebrow with a scrow and eyebrow without any scrow in need of a scrow for about 4 weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. One-time protocol concerning the examination of the police suspect against F;

1. Each police statement made to F, G, H, and I;

1. Each injury diagnosis letter;

1. Statement of estimation of future medical expenses;

1. 14 copies of a receipt for treatment expenses;

1. Six copies of receipt; and

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. The degree of violence jointly committed by the Defendants on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act in each criminal procedure order does not seem to be minor, and accordingly, the victim seems to have been under long medical treatment for a certain period of time due to the injury.

However, the defendants recognized their mistakes.

The injured person expressed his intention not to be punished against the Defendants.

Defendants have no record of punishment.

In addition to these circumstances, the defendants' age, sex, environment, motive and consequence of the crime, and circumstances revealed in the arguments of this case, including the circumstances, the punishment as ordered shall be determined in consideration of the following circumstances.

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