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(영문) 대구지방법원 상주지원 2017.07.11 2016고정183
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a difference between the victim D(M, 55 years old) and the past, and the defendant B is a difference between the defendant B and the defendant.

On August 25, 2016, the Defendants: (a) around 22:30, at the F point operated by the damaged person E at the time of permanent stay, made the victim take the arms of the victim several times on the ground that the victim took an examination about the relation with the Defendants, and (b) made the victim take the arms of the victim several times on the ground that the victim took an examination into the relation with the Defendants, and (c) at this time, Defendant B took the hand of the victim who tried to report the mobile phone as the mobile phone.

As a result, the Defendants jointly put up the victim with the completion of the treatment for 14 days before the right side.

Summary of Evidence

1. Legal statement of the witness D;

1. Some statements concerning the Defendants in each police interrogation protocol (including G statements among the interrogation protocol of the suspect on October 16, 2016, and excluding the part concerning Defendant A’s statement in the same interrogation protocol)

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to D or H;

1. Investigation report (No. 9 No. 5 of the evidence list);

1. A medical certificate of injury, or an examination and treatment set (I,00 square meters and clinics);

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense

1. The punishment to be suspended (Defendant B) of one million won;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334(1) of the Criminal Procedure Act (Defendant A)

1. Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11448, Apr. 2, 201)

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