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(영문) 인천지방법원 2018.06.07 2017고정2778
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants and D indicated in the indictment around February 3, 2017, stating that the date and time of the occurrence of the case “as of February 4, 2017:2:15, the date and time of the occurrence of the case” is “as of February 4, 2017.” However, this is obvious in the record that it is a clerical error (see, e.g., page 13, No. 21, 21, the evidence record).

While Defendant A brought a dispute with the victim G (22 3), victim H (22 3), and victim I (22 3) before the “F” located in the Namdong-gu Incheon Metropolitan City, on the ground that the said restaurant was slicked by the victim G (22 3), Defendant A took the face of the victim G while fighting with the victim G, Defendant A took the face of the victim G 2 to 3 times as drinking, Defendant A took the victim’s face one time as drinking, and Defendant D took the face of the victim G that occurred beyond the above, and Defendant B took the face of the victim H one time as drinking.

As a result, the Defendants jointly put the victim G on a face-to-face face-to-face 20 days open room, etc. in need of treatment for about 20 days, damaged the character of the head part requiring approximately 2 weeks of treatment to the victim I, and put about about 2 weeks of treatment to the victim H in need of approximately 2 weeks of treatment.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. A protocol concerning the examination of a suspect of a certain prosecution against B, or a protocol concerning the examination of a suspect of a prosecution against D;

1. Statement made by the prosecution against H, each police statement made to H, G, and I;

1. Reports on internal investigation, photographs of injury parts, diagnosis reports, and written diagnosis (Defendant B);

1. The witness H and G respective legal statements;

1. A protocol concerning the examination of the suspect concerning the defendant B by a certain prosecutor;

1. Protocols concerning the examination of suspects by the prosecution against A or D;

1. Each police statement made to I and G;

1. Application of Acts and subordinate statutes to internal investigation reports, photographs of injury parts, diagnostic certificates, and medical certificates of injury;

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; and Article 1.

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