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(영문) 대구지방법원 서부지원 2013.12.18 2013고정1170
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 04:00 on July 29, 2013, the Defendant: (a) in front of the D cafeteria operated by the Defendant; (b) was punished for the damages of smartphones purchased from the mobile phone agency operated by the Defendant for about one year before the victim E (the age of 36). Despite the fact that there is no reason to compensate more than the victim, the Defendant thought that the victim would continuously demand compensation; (c) thought that the victim would continuously demand compensation; (d) was flicked the victim’s title on his arms; (d) was flicked one time with his left hand; and (e) took two parts of the victim’s face.

피고인의 아버지인 F는 이에 합세하여 양손으로 피해자의 멱살을 잡아당기고 손바닥으로 피해자의 얼굴을 2회 때리고, D식당의 손님인 G도 이에 합세하여 왼발로 피해자의 엉덩이 부위를 1회 걷어찼다.

As such, the Defendant, in collaboration with F and G, committed approximately 21 days of treatment, resulting in the Defendant’s cutting off of a closed frame, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Investigation report (the telephone conversation of a shote);

1. Application of Acts and subordinate statutes to investigation reports (to police officers visiting the scene telephone communications);

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the relevant criminal facts, Article 2 (1) of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act;

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