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(영문) 춘천지방법원 원주지원 2015.09.15 2015고단137
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants worked as an engineer at a bus company called “D”.

At around 12:50 on January 18, 2014, the Defendants reported that the victim G (56 years of age) will take a H and Si expenses in the Fitius bus parking lot located in Won-si, Won-si, the Defendants: (a) Dara, joint with the victim, went beyond the victim’s hacker floor, followed the victim’s face, chest, etc.; (b) taken several times in the victim’s face, breast, etc.; and (c) took the side hacker, and suffered an injury, including two lacks, which require approximately five weeks of medical treatment.

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

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of a witness G, I and J, and part of a witness H’s legal statement;

1. The police statement of K;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with prison labor, and the selection of a criminal sentence

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Probation and community service order Defendants: Determination as to the Defendants and their defense counsel’ assertion under Article 62-2 of the Criminal Act

1. The Defendants’ body was merely fighting with the victim, and did not injure the victim as stated in the facts charged.

2. Determination

A. Considering the following circumstances as to whether Defendant A injured the victim, Defendant A is deemed to have abused the victim as shown in the facts charged.

① The victim G was consistently stated from the investigative agency to this court that Defendant A suffered an injury to himself/herself, along with another bus engineer.

② At the time of the instant case, I and J stated in this Court that both Defendant A and one bus engineer both Defendant A and one bus engineer were pushed the victim behind the bus. The J also turns out the victim beyond the aforementioned bus engineer.

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