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(영문) 서울동부지방법원 2019.07.05 2019고단1286
폭력행위등처벌에관한법률위반(공동상해)등
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Defendant

A shall be punished by a fine of KRW 2,500,00, by a fine of KRW 1,500,000, by a fine of KRW 1,500,00, and Defendant C, respectively.

Reasons

Criminal facts

Defendant

A, Defendant B, and Victim D are the same in singing.

1. At around 00:55 on January 26, 2019, Defendant A violated the Punishment of Violences, etc. (joint injury) by Defendant A and Defendant B: (a) faced with the victim C (the age of 22) and his body in front of the first floor singing room underground of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, due to the causes of the collision between the victim C (the age of 22) and the body; (b) knee and knee the victim’s face and body; (c) knee and knee the victim’s head; and (d) Defendant B was kneed with the victim’s body by going to the Defendant A, and kneed the victim’s head.

As a result, the Defendants jointly committed a damage to the integrity of head parts in need of approximately 2 weeks of treatment, and a straw, etc.

2. Defendant C

A. At the date, time, place, as mentioned in the above Paragraph 1 above, the Defendant carried the victim B(32 years of age) at a drinking time during a trial, left the victim’s face to face a face-to-face area where treatment for about two weeks is required.

B. The Defendant, at the time and place specified in the foregoing Paragraph 1, committed an injury to the victim, i.e., the victim D (the victim, 34 years of age), who fighted in the vision, once drinking at the right eye of the victim D (the 34 years of age) and was in need of approximately 57 days of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of the F, G, H, and D;

1. One copy of a photograph of each image to be cut (Evidence Nos. 5, 7, 33) and of a face of a victim D;

1. Each injury diagnosis letter;

1. A report on investigation (Investigation of shots) and a report on investigation (CCTV);

1. Application of Acts and subordinate statutes of photograph (Evidence Nos. 32);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (the point of joint injury and the selection of fines);

(b) Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (the point of joint injury and the selection of fines)

C. Defendant C: The point of injury under Article 257(1) of the Criminal Code;

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