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(영문) 대전지방법원 2016.09.30 2016고정316
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B, around August 1, 2015, around 16:30, on the grounds that at the Seo-gu, Seo-gu, Daejeon, and the first floor “E” restaurant operated by Defendant B, the victim F (33 years of age) who delivers the door-to-door, and the victim F (33 years of age) who delivers the door-to-door gas was delivered late, and Defendant B was able to take the victim’s head by reducing the victim’s neck from the door-to-door selling, and Defendant B was able to take the victim’s head by drinking, knee, kne, head, etc.

As a result, the Defendants jointly suffered injuries, such as multi-faceted bid and dives, which require treatment for about 14 days for the victim.

Summary of Evidence

1. The defendant B's partial statement

1. The witness F’s legal statement [this case’s statements are consistent, specific, and inconsistent with other evidence as to the situation at the time of the victim’s assault, the contents of each act committed by the Defendants at the time of the instant case from the investigative agency to this court, and there is no inconsistency with other evidence.

Unlike the circumstances where the victim's statement is false, and credibility is acknowledged in light of the victim's attitude of statement in this court

1. Some statements made by the police in the suspect interrogation protocol of the defendant A;

1. The victim's mobile phone call details, the medical certificate of injury, and the victim's upper part photograph [the defendant A only made a dispute between the defendant B and the victim, and it does not inflict an injury on the victim in collaboration with the defendant B.

그러나 판시 증거에 의하면, 피고인 A은 경찰에서 ‘ 싸움을 말리려고 피해자의 목도 댔는지 모르지만 어깨 쪽으로 감싸안았다’ 고 진술한 점, 피고인 A이 싸움을 말리기 위하여 피해자 진술과 같이 피해자의 허리가 굽혀 질 정도로 피해자의 목을 잡아 바닥을 향해 누를 필요는 없는 것으로 보이는 점, 피고인 A이 피해자의 목을 잡고 있을 때, 피고인 B이 피해자에 대해 가격을 한 점 등의 사정을 알 수 있다.

In light of these circumstances, Defendant A speaks on fighting.

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