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(영문) 수원지방법원 2016.08.18 2015고단6091
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

Defendant

A and B shall be subject to the above fine.

Reasons

Punishment of the crime

Defendant

A and B shared, around 00:45 on June 13, 2015, on the ground that the victim H called "to pay the food value" as a result of the state collection of Y in Suwon-si F, and "G", the victim H called "to pay the food value", Defendant A assaulted the victim by drinking the victim's face at a time, walking the victim's face at the port, and walking the victim's face at one time, and then walking the victim's face, and Defendant B was able to walk the victim's face and walk the victim's face at several times, and the victim suffered a fright so that the victim can take a 21-day therapy treatment.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of a witness I;

1. Any statement concerning the Defendants in part of each protocol of interrogation of the police officer

1. Statement made by the police with H;

1. A written statement of I;

1. Relevant photographs;

1. A report on investigation (to hear statements from witnesses and report thereon);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) and (1) 3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2 (1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Article 257 (1) of the Criminal Act (the point of joint injury) and the choice of fines;

1. Defendant A and B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A and B: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that there are unfavorable circumstances such as: (a) the nature of the crime is not good in light of the form and content of the instant crime; and (b) the fact that Defendant A did not agree with the victim; (c) however, there are extenuating circumstances such as the fact that Defendant A is in depth of his mistake; and (d) Defendant B is the initial offender.

In addition, the sentencing conditions shown in the records, such as the defendant A and B's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as ordered.

Part of Innocence (Defendant C)

1. The summary of the facts charged Defendant C is Defendant A and B.

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