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(영문) 창원지방법원 2018.04.05 2018고단130
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 7,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants are stated in the written indictment of around 00:25 on December 13, 2017 as “02:25 Scam,” but this appears to be a clerical error. Thus, the Defendants are corrected as above.

In the Kim Sea-si, the “F” parking lot, on the ground that the victim G (34 tax) who is an acting driver, demands additional charges due to the change of the substitute driver’s destination, and Defendant B, by putting the victim’s flab and drawing from the vehicle, led to the road side, leading the victim to the road. Defendant A followed it once by walking the victim’s flab, thereby threatening the victim’s flabing and drinking, and threatening the victim’s flab.

이후 피해자가 도망하자 피고인 B은 피해자를 뒤따라가 피해자의 멱살을 잡고 흔들고 멱살을 쥔 주먹으로 피해자의 얼굴을 2~3 회 때렸다.

As a result, the Defendants jointly assaulted the victim, thereby causing bodily injury to the victim, such as rain salt, which requires treatment for about 20 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police in relation to G;

1. Each report on internal investigation (No. 2, 5, 6, 7 No. 500);

1. Application of Acts and subordinate statutes to report on investigation (re-Analysiss based on CCTV images secured at the scene of crime and statements made by victims);

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the Act on the Punishment of Violences, etc., Article 257 (1) of the Criminal Act, and the selection of fines;

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

1. Based on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by fully taking into account the following circumstances: (a) the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the conditions for sentencing as indicated in the instant case, including the circumstances after the crime.

The favorable circumstances: the defendants appear to have caused the crime of this case by contingency as a matter of the rate of driving by proxy, and have shown an attitude to reflect on the confession, and the assault committed by the defendants.

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