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(영문) 창원지방법원 통영지원 2021.02.15 2020고단1090
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment for 6 months, Defendant B’s imprisonment for 4 months, Defendant C’s fine of 2,00,000, and Defendant D and E, respectively.

Reasons

Punishment of the crime

At around 23:00 on March 26, 2020, the Defendants: (a) assaulted with the Victim F ( South, 40 years old) F, who was drinking alcoholic beverages on the side tables during a show of alcohol at the alcohol house “H”; (b) assaulted with the Victim F and the Victim I ( South, 40 years old) who was drinking alcoholic beverages on the side table while drinking alcoholic beverages; (c) assaulted with the Victim F and the victim I ( South, 40 years old) who was working on the line; (d) Defendant A, against the Victim I’s violence, took the victim I’s face and body against the victim I, takes the victim I’s face and body; (d) Defendant B took the victim I’s face while drinking; (d) assaulted with the victim I, taking the victim I, taking the victim beyond the victim’s body; and (e) Defendant C took the victim’s body to walk the victim, taking the victim’s body beyond the victim I, and took the victim’s body, including the victim I.

As a result, the Defendants jointly inflicted injury on the victim I such as brain-dead, etc., in which there is no upper body in two open for treatment for about 21 days, and on the victim F, injury such as the closure of a stude to the right-hand dog that needs to be treated for about 5 weeks.

Summary of Evidence

The application of the Acts and subordinate statutes to each of the Defendants’ respective legal statements I, F, J, and K to each police interrogation protocol (abusing a certificate of injury), internal investigation report (abusing a certificate of diagnosis), investigation report (abundating theCCTV and attaching photographs thereto).

1. The Defendants of the pertinent legal provision regarding criminal facts: Each of the Defendants’ respective fines for negligence, C, D, and E, as to the Defendant A and B’s choice of punishment under Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant C, D, and E at a workhouse: Article 70 (1) and Article 69 (2) of the Criminal Act;

1. Defendant A and B: Article 62 (1) of the Criminal Act;

1. Defendant C, D, and E:

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