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(영문) 부산지방법원 2015.04.09 2014고정4861
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Around 00:38 on July 22, 2014, the victim D operated a cleaning vehicle in front of the city north-gu, Busan, and the part of the shoulder of Defendant B was shocked, and the Defendants were the victims D and F, and were the vision with the victim D and F.

Defendant

A with his hand pushed the face of the victim D, Defendant B scam the head of the victim D, scam the victim D, scam the victim F in his hand, scam the victim F in his hand, and scam the bat of the victim G who scams fighting.

After all, the Defendants jointly put the victim D’s light base in need of approximately two weeks of treatment, light fluoral fluoral fluoral fluoral fluorals requiring approximately two weeks of treatment to the victim F, and slots that require approximately two weeks of treatment to the victim G, respectively.

Summary of Evidence

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

1. Each injury diagnosis letter witness D, F, and G’s legal statement are consistent, specific, and there is no contradiction between statements.

In addition, when examining the above witness's attitude of statement, the contents of the statement, etc., it does not seem that the above witness made such a statement for monetary or other purposes.

Therefore, the above witness's statement is reliable, and part of the witness H's statement against this is not trustable.

Meanwhile, "When two or more persons jointly commit the crime of injury" under Article 2 (2) of the Punishment of Violences, etc. Act requires that there exists a so-called accomplice relationship between them, and where several persons are aware of another person's crime in the same opportunity at the same place and commit the crime by using it.

(See Supreme Court Decision 2013Do4430 Decided November 28, 2013, etc.). In light of the background leading up to the instant crime, the conduct of the instant crime, and the relationship between the Defendants, Defendant A and the Defendants may sufficiently be recognized to have inflicted an injury on the victims jointly with Defendant B.

The laws and regulations;

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