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(영문) 대전지방법원 2015.01.15 2014고정1965
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 25, 2014, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on April 25, 2014, and the judgment became final and conclusive on July 3, 2014.

On December 22, 2012, at around 05:50 on December 22, 2012, the Defendant lent a boat to the victim E (the age of 22) from the street in front of the Daejeon Dong-gu, Daejeon, on the ground that the victim E (the age of 22) would move to himself/herself, and then, he/she was able to take the face of the victim F (the age of 22) who was next to the victim E (the age of 22) after he/she turned out from the back of the victim E, and then she was able to take the face of the victim E by drinking it.

As a result, the defendant, in collaboration with the victim E, suffered injury to the victim E, such as freshion, which requires approximately four weeks of treatment, and the victim F, suffered a variety of dratal fese, such as frecinites requiring approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning G;

1. A written diagnosis of injury (E, F), each damaged part photograph, and each CCTV photograph;

1. Before judgment: Daejeon District Court Decision 2014Da1178 Decided June 25, 2014; Supreme Court Decision 2014Da1178 Decided June 25, 2014; Supreme Court

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has the same criminal records, and it is inevitable to severely punish the victims' injuries.

However, the defendant is confession and is in profoundly against the defendant, and the crime of this case is in the concurrent relation between the previous conviction of the judgment and the latter part of Article 37 of the Criminal Act.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the order is imposed.

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