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(영문) 대전지방법원 2017.12.28 2017고단931 (1)
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 7, 2016, the Defendant jointly with C, D, and E: (i) around 11:30 on December 7, 2016; (ii) around 601 on the “Gel” located in the Jung-gu Daejeon Daejeon District of Daejeon; (iii) on the ground that E was not subject to sexual assault, C took the victim’s face part and the chest part of the victim’s face at hand; (iv) on the hand, D took the victim’s face part and the chest part of the victim’s face; (iv) on the hand, D took the victim’s face part at several times; and (v) the Defendant took part in the victim’s head part at that place; and (v) took part in the victim’s body part at the victim’s face at approximately three weeks and took part in the victim’s body part at that place, she took part in the victim’s body part, she took part in the victim’s body part necessary for medical treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written diagnosis of injury;

1. The following facts are asserted: arrest report of the occurrence of the case, each investigation report, and the victim's photograph [the defendant and his defense counsel] (the defendant and his defense counsel have the fact that the defendant took the victim's face by hand at the time of the instant case, but the victim's head was not true due to a small-scale illness. However, according to each of the above evidence, the facts that the defendant inflicted an injury on the victim jointly with C, D, and E can be sufficiently recognized by taking the victim's face at the time of the Defendant's face as stated in the facts of the crime

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the choice of a punishment);

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

1. Although some of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act are disputing factual relations of the sentencing of the Criminal Procedure Act, the facts of assaulting the victim themselves are recognized, and the victim's mistake is against his/her own mistake, there is no criminal record of the same kind, the degree of the victim's injury is not excessive, and this does not require the victim's injury.

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