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(영문) 부산지방법원 동부지원 2020.06.11 2019고정470
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of 500,000 won, and Defendant C shall be punished by a fine of 300,000 won.

Each of the above defendants shall be punished.

Reasons

Punishment of the crime

The victim D(61) is an acting driver belonging to the "E" and the Defendants are the acting driver and staff members belonging to the "F". The victim taken the front side of the passenger transport vehicle operated by the "F" to the investigative agency for the purpose of violating the Passenger Transport Service Act, and caused conflicts between the defendant A and other "F" and the employees due to the fact that the defendant A et al. were accused of violating the Passenger Transport Service Act.

Defendant

C around 01:45 on September 13, 2018, in the Southern-gu G Apartment, Busan, and as a result, face, etc. was met from the victim on the grounds that he made a rebuttal, and caused injury to the victim by breabing the breath with double hand.

In addition, Defendant A and B shared the same day at around 02:10 on the same day, Defendant A suffered the victim by her head, leading the victim’s hand, and Defendant B sustained the victim’s knife by hand. Defendant B sustained the victim’s knife belt to prevent the victim from escape.

As a result, the Defendants put the victim on a scarcity of a scarke wall that needs to be treated for about 14 days.

Summary of Evidence

1. Legal statement of the witness H;

1. Statement made by witnesses D in the third protocol of the trial;

1. Preparation of each police interrogation protocol against the Defendants and D (including the whole part of D)

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (D injury diagnosis report, submission of a notice of the result of disposition, etc. and video data);

1. Article 263 of the Criminal Act; Article 263 of the Punishment of Violences, etc. Act; Articles 2(2)3 and 257(1) of the Punishment of Violences, etc. Act; Article 263 and Article 257(1) of the Act; Article 267(1) of the Criminal Act; Article 263 and Article 257(1)

1. Sentence B of the suspended sentence: Fines of 300,000 won;

1. Defendants in custody in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (Defendant B shall be KRW 100,000 per day);

1. Defendant B of suspended sentence: Article 59(1)1 of the Criminal Act.

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