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(영문) 청주지방법원 2016.09.23 2016고단403
폭력행위등처벌에관한법률위반(공동상해)
Text

1. The Defendants shall be punished by a fine not exceeding two million won.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A around 01:00 on December 17, 2015, at the Esing room located in Heakdong-gu, Goakdong-gu, the victim F (41 tax) was deemed to have expressed a bath to G, who is one of the Defendant’s own behaviors, and G took part in the victim’s face while drinking, bat the bat, and bat the bat, thereby damaging the victim’s face, bating the bat, and destroying it over the floor, and Defendant B took part in twice the victim’s face as the hand floor.

As a result, the Defendants, in collaboration with G, committed an injury to the victim in the end of approximately six weeks of treatment and the floor closure frame.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol of interrogation of each police officer against the Defendants (including questioning of the Defendants);

1. Each police statement made to F, H, I, J, and K;

1. Application of Acts and subordinate statutes to the head of a complaint and an injury diagnosis report;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

1. Articles 70(1) and 69(2) of the Criminal Act to attract the workhouses of the victim’s reason is not weak. However, the Defendants’ fighting of the victim and the victim’s fighting, which the Defendants are active, led to the instant crime by having the victim desire and be dumped, and the Defendant A did not want to punish the victim by mutual consent with the victim. Defendant B appears to be easy to take part in the crime; Defendant B appears to be easy; the Defendants’ mistake is divided; the Defendants’ age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, etc.; and the conditions of the sentencing indicated in the records, such as the Defendants’ age, occupation, sex, family relationship, and conditions before and after the commission of the crime, shall be determined as ordered by a fine.

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