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(영문) 대구지방법원경주지원 2020.09.02 2020고정40
폭력행위등처벌에관한법률위반(공동상해)
Text

1. The Defendants shall be punished by a fine of one million won.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A and Defendant B are those operating the C building in the racing city between husband and wife, and the victim D(53) is those leasing the above C building 2 restaurant from the Defendants, and the Defendants and the victims are disputing each other on the legal relationship of the said C building 2 restaurant.

At around 13:00 on April 28, 2019, the Defendants reported that the victim gets in the second restaurant of the C building C and cleaning the above C building 2 restaurant, and had disputes with each other. While the victim took part in the victim’s self-style E, “I am off and getting off,” Defendant B her hand ske the victim by her hand, Defendant A her hand skes the victim with the victim, and Defendant A her hand skes the victim by her hand, and the victim was able to the victim who was her bad hand, etc. for treatment for about 21 days, the victim suffered injury, such as damage - the knife of hand, hand, hand, etc. which requires treatment for about 21 days.

Accordingly, the defendants jointly inflicted injury on the victim.

Summary of Evidence

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

1. Defendant A police interrogation protocol;

1. The police statement concerning F;

1. A written diagnosis of injury;

1. One copy of a investigation report (Attachment to the video data, etc. submitted by the complainant D), the closure data of video images, and one copy of a video CD;

1. The defendants asserts that there was no injury to the victim as stated in the judgment, together with the investigation report (in the case of the complainant's submission of additional evidence photographs) and the photograph of the video-caping.

However, the following circumstances revealed by the evidence duly adopted and investigated by this court, namely, ① in the investigative agency and court, the F, who observed the situation at that time, consistently testified that the Defendant B and the victim had observed their body fighting in the investigative agency and court; ② even based on the video taken by the victim, Defendant B had the body of the victim and then had the screen stiffed. After that, the physical fighting between the Defendants and the victim had the body and the victim turned into a bife, and H prevented the Defendant B.

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