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(영문) 대구지방법원 경주지원 2016.09.29 2016고정171
폭력행위등처벌에관한법률위반(공동상해)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant and B are drinking alcohol as in C cafeteria, and the victim D(48) is a store affiliated with C cafeteria.

At around 23:55 on December 29, 2015, the Defendant and B were under verbal abuse, such as: (a) the Defendant and the Defendant, while making a stop from the damaged party, on the ground that he did not keep the remaining alcoholic beverages of the owner of the business in front of the C cafeteria located in Sin-si; (b) the Defendant, while making a stop from the damaged party; (c) the Defendant, on the face of the injured party, made a flasing spit, such as “flasing a cigarette,” with the face of the damaged party; (d) the Defendant spited the victim’s face, and then spit the victim’s face.

Afterwards, the Defendant and B filed an objection according to the victim, and the Defendant, by hand, carried the victim's neck into a cargo parked after putting the victim's neck into two hands, and B carried the victim's left arms and pushed the victim's face into the above vehicle.

As a result, the defendant and B jointly inflicted injury on the victim, such as multi-lateral ties, diagnosis, etc. that require treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant, B, or D by the prosecution;

1. A protocol concerning each of the police suspects against the accused, B, or D;

1. Each statement of the defendant, B, and D;

1. Each police statement made to F and G;

1. Reporting the occurrence of a suspected crime, such as violence, and the application of each investigation report (the confirmation and attachment of a photograph of a suspect who has been taken by the police officer of the dispatched police officer, the confirmation and attachment of a medical certificate of injury submitted D, and the attachment thereof);

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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