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(영문) 인천지방법원 2016.12.08 2016고단7402
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

The defendants are the defendants.

Reasons

Punishment of the crime

1. On May 11, 2016, Defendant A and Defendant B had the victim C (26 years of age) and Defendant A, who had the date of Si expenses, carried the victim C’s back to the back by hand, and Defendant B had the victim’s head, pushed the victim’s chest and pushed the victim’s breast part by hand, and Defendant A had approximately seven-8 inside the victim’s breast part by drinking.

As a result, the Defendants jointly inflicted a bodily injury on the part of the victim who could not know the number of days of treatment.

2. The Defendant, as mentioned in the above paragraph (1) at the time, at the same time, and at a place as mentioned in the above paragraph (1) above, suffered injury to the victim’s bucks, which requires treatment for about 21 days, by walking the victim’s bucks in one time due to drinking bucks, while the victim’s bucks and Si expenses were disputed.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. A medical certificate of injury and a medical certificate;

1. Damage photographs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Suspect C archics);

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

(a) Defendant A and 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);

B. Defendant C: Article 257(1) of the Criminal Act (the point of injury and the choice of fines)

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the confessions and reflects on the crimes, mutual agreement between them, Defendant B is the primary offender, Defendant A and C has no record of punishment exceeding the fine, and the Defendants’ character and conduct, environment, motive, means and consequence of the crimes, and all the conditions of sentencing as shown in the records and arguments of the instant case, including the circumstances after the crimes, shall be comprehensively taken into account.

Public Prosecution Rejection Parts

1. Summary of the facts charged Defendant C is May 2, 2016.

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