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(영문) 창원지방법원 2016.01.13 2015고정1281
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On August 27, 2015, Defendant A violated the Punishment of Violences, etc. Act (joint injury) of the Defendants (hereinafter “Co-injury”) contacted Defendant A with the victim C (18 tax) and the shouldered in front of the Dong apartment in the Dong apartment in Kimhae-si on the front side of the Dong apartment in Kimhae-si on August 27, 2015, and asked Defendant B, who had a Siba-in-child, to the said place.

After that, the Defendants, in front of the Kimhae fire station located in the Dong-dong in Kimhae-si, laid the victim's bridge due to Defendant B's outbreak, laid the victim's bridge three times with the victim's hand floor, and Defendant A took three times with her hand bucks of the victim.

As a result, the Defendants jointly inflicted bodily injury on the part of the victim in need of approximately two weeks of treatment.

2. Defendant B’s assault committed assault by Defendant B, at the above date, at the above time, and at the above place, the victim D (18 years old) who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually female

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a medical certificate);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act (elective selection)

B. Defendant B: Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) (the point of joint injury), Article 260(1) of the Criminal Act (the point of violence) and selection of each fine

2. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (Defendant B) of the Act on the Aggravation of Concurrent Crimes

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

4. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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