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(영문) 창원지방법원 2020.04.17 2019고단2215 (1)
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 26, 2019, the Defendant and B around 07:10 on June 26, 2019, the victim E (19 years of age) and the victim F (19 years of age) were in front of the “D” located in Kimhae-si, Kimhae-si, and on the ground that the victims are neglected and walked, the victims are following the victims. The victims are "I am I am". The Defendant and B am in front of the “D”. The victim F was pushed up with the back end of the victim F by hand, with the shoulder, after the victim E, and the son and ams of the victim E face with the floor. The Defendant exceeded her son and ambel, etc. two times with her knick, and the victim was knick at the right end of the F.

As a result, the defendant jointly with the victim E, who suffered an injury to the right upper part of the complex framework in the upper part of the 8 weeks of medical treatment, and assaulted the victim F.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of E and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes on internal investigation reports (CCTV attachment and analysis);

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, such as that the degree of assault by the defendant does not seem to be significant compared to that of B, the circumstance and contents of the crime of this case, the defendant's recognition of the crime of this case, the defendant's violation, the defendant's smooth consent with the victims at the investigation stage does not want the punishment of the defendant, and the defendant.

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