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(영문) 대구지방법원 2015.04.22 2014고정2875
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are the persons expelled at the Diplomatic Association around April 2014, and victims E (the age of 22) is the members of the said D church.

On June 29, 2014, at around 10:35, the Defendants found the victims of tobacco smoking in the vicinity of the above church located in the Daegu Jung-gu, Daegu-gu.

Defendant

A expressed the victim’s desire to “tobacco flabe” and expressed the victim’s resistance, Defendant A pushed the victim’s body with his hand several times, Defendant B took the victim’s body flab with his hand, and Defendant B took the victim’s body flab with his hand, and f and G put the victim over the floor by carrying the victim’s body with his hand, and C and G put the victim over the victim’s surrounding area.

As a result, the Defendants, in collaboration with F and G, suffered injury to the victim, such as catum salt in need of approximately two weeks of treatment.

Summary of Evidence

1. Legal statement of witness E;

1. Medical certificate (Evidence No. 9);

1. On-site photographs, moving pictures and videos;

1. The application of the statutes governing CCTV video CDs (the defendants and defense counsel claimed that there was no injury by assaulting the victim. However, it is recognized that the victim's statement was consistent with the specific and major parts of the victim's statement, and considering the Defendants' actions before and after the crime of this case, the relationship between the Defendants and the victim, in full view of the actions of the Defendants before and after the crime of this case committed in CCTV video recorded on the scene of this case, it is recognized that the Defendants committed assault

1. Relevant Article 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 201);

1. Defendants to be detained in a workhouse: Articles 70(1) 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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