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(영문) 의정부지방법원 2013.09.26 2013고정1987
폭행등
Text

Defendant

A shall be punished by a fine of KRW 800,000, and Defendant B by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Criminal facts

1. At around 03:30 on April 13, 2013, the Defendants’ co-offendered the Defendant’s joint criminal conduct: (a) on the street in front of the theater E, which is located in the city of the Government of the Gu; (b) on the ground that the victim F, G, who is a minor victim, and H, and H, acted without smoking and brucing tobacco; (c) Defendant B, by hand, sleeped the victim F’s head debt; and (d) the Defendants continued to take part in several telegraphs of the said victim.

As a result, the Defendants jointly inflicted injury on the victim F, such as cerebral typ, which requires approximately two weeks of medical treatment.

2. Defendant A’s sole criminal defendant committed an act of smoking tobacco at the time, time, place, and place described in the preceding paragraph, on the ground that: (a) the victim G, H, and F, who is a minor, did so without any brush; (b) the victim G’s face was taken over on the hand floor; and (c) the victim H’s face was assaulted at one time.

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Damage photographs (the fact of paragraph (2) in the board);

1. Defendant A’s legal statement

1. Each police statement of G and H;

1. Application of statutes on photographs of damage;

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

(a) Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 260(1) of the Criminal Act (the point of violence);

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

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

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

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