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(영문) 대전지방법원 2020.04.02 2019고정791
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A and B shall be punished by a fine of KRW 500,000,000,000,000,000,000,000,000,000.

Reasons

Criminal facts

1. On January 11, 2019, around 02:30, Defendant A and the Defendants: (a) on the third floor entrance door of “F” located in Seo-gu Daejeon, Daejeon; (b) on the one hand, Defendant A, under the influence of alcohol, was prevented from Defendant A’s employee D (Nam, 26 years old); (c) Defendant A was able to take the victim’s head by hand; (d) kid the head of the victim D; and (e) kid the head by breath; and (e) Defendant B was tightly pushed the victim’s chest on two occasions with the two hand; and (e) Defendant B was tightly pushed the victim’s chest on two occasions; and (e) her face and her chest on one hand.

Accordingly, the defendants jointly assaulted the above victim.

2. Defendant C and D are the employees of the F’s main points as stated in the above paragraph (1).

Defendant

D At the time and place mentioned in the above paragraph 1, the victim A (Nam, 21 years of age), and the victim B (Nam, 22 years of age), meet time, and assault the victim's employees, the victims go beyond the victim's face, body body several times, and the defendant C took several physical parts, such as the victim's face, etc., by taking several times, and then the victim A suffered injury such as the victim's face, etc., and the victim B was in need of a medical treatment for about 14 days, and the victim B was in distress, and the victim C was in need of a medical treatment for about 14 days.

Accordingly, the Defendants jointly inflicted an injury on the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. The injury diagnosis certificate (A) and the injury diagnosis certificate (B);

1. Each report on investigation;

1. Application of the relevant video CD-related statute;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault), Article 260 (2) 3 of the Punishment of Violences, etc. Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 257 (1) of the Criminal Act, the selection of fines;

1. The injury to the Defendant C, D, A, and B, who is subject to aggravated concurrent crimes, constitutes substantive concurrent crimes.

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