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(영문) 청주지방법원 충주지원 2017.09.26 2016고단998
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 18:00 on September 14, 2016, the Defendants were drinking together at a place where it is impossible to identify the place of the Singu-Eup of Geumbuk-gun, Chungcheongnambuk-do. Defendant B accepted the Defendant B’s “(victim) as follows: (a) he was fit for a daily allowance from E; and (b) Defendant B consented.”

As a result, the Defendants found the victim E (59) located in the voice group F of Chungcheongbuk-gun, around 21:00 on the same day, while under the influence of alcohol, and the Defendant A shouldered the victim who was divingd in the fluence room, and Defendant B called “the victim’s fluence.” As such, the victim’s side fluence part of the victim’s side fluence at several times, which requires approximately KRW 5 weeks of treatment to the victim.

As a result, the Defendants jointly inflicted injury on the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A complaint filed by E;

1. A written diagnosis of injury;

1. Each investigation report (investigation into the confirmation of the suspect B's identity and change of the name of the crime) [Defendant B] asserts that Defendant A would drink with Defendant A on the day of this case and Defendant A would be seen as the victim E, and that he did not go to the victim's house and did not assault the victim.

However, according to the witness A and E's respective legal statements, it is recognized that Defendant B used the victim as described in the above criminal facts.

즉 A은 수사기관부터 이 법정에 이르기까지 일관하여 ‘ 피고인 A은 피해자의 일을 해 주었음에도 그 품삯을 지급 받지 못하자 앙심을 품고, 술기운에 피해자에게 앙갚음을 하기로 마음먹고 피해자를 확실히 제압하기 위해 덩치가 좋은 피고인 B와 함께 피해자의 집을 찾아가서 피해자를 깨웠는데, 술에 만취한 피고인 B가 갑자기 피해자의 옆구리를 안전화를 신은 채...

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