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(영문) 창원지방법원 2018.1.31. 선고 2017고정962 판결
폭력행위등처벌에관한법률위반(공동상해)
Cases

2017 Violation of the Punishment of Violences, etc. Act (joint injury)

Defendant

1. A;

2. B

Prosecutor

The red-regular (prosecution) and Kim Jong-ray (public trial)

Imposition of Judgment

January 31, 2018

Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for the period calculated by converting each of the 100,000 won into one day.

To order the Defendants to pay an amount of money equivalent to the above fine.

Reasons

Criminal facts

On May 21, 2017, Defendants shared around 01:10 on May 21, 2017, and jointly faced with the shoulder of the victim D (Nam, 21 years of age) and Defendant B from the emergency stairs between the second and third floors of the Magwon-si C building in the Changwon-si, and Defendant A took the face of the victim by one hand, with one hand. Defendant B took the face of the victim at one time and another hand, and Defendant B took the face and body of the victim at one time, and Defendant A took the face and body of the victim at one time with another, and Defendant A sustained injury, such as the string of the eye of the snow part in the eye of the victim in need of approximately two weeks medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of police suspect regarding D;

1. Written statements (D);

1. An injury diagnosis certificate and each medical certificate;

1. Damage photographs;

1. On-site reports;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act.

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Judges

Judges Maximum Name

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