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(영문) 의정부지방법원 2017.06.22 2017고정794
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

On September 17, 2016, the Defendants were punished for trial expenses on the ground that the Defendants got humbling with victim F(28 years of age) and humbling in E located in Spocheon-si, Ma.

Therefore, when the victim G (26 tax) who is the daily behavior of the victim F, the defendants were prevented, the defendants were faced with the body of the victim G along with the victim G, and the victim was found to have been drinking.

그리고 피해자 F이 피고인들에게 달려들며 대항하자, 피고인 A이 먼저 피해자 F의 얼굴을 주먹으로 때리고, 피고인 B, 피고인 C도 함께 피해자 F의 얼굴 등을 주먹으로 때리고, 피해자 F이 넘어지자 피고인들은 피해자 F의 온 몸을 발로 걷어찼다.

As a result, the Defendants jointly inflicted injury on the victim F in need of treatment for up to 28 days, such as a mouth and alley, etc., and put the victim G on a multi-facel scambing scam which requires treatment for up to 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect examination protocol prepared by the police with respect to F, a statement made by the police concerning G, and a medical certificate for each injury;

1. Application of Acts and subordinate statutes to inquiries, such as each criminal history;

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of fines for negligence

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: (a) examining the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) recognizing the criminal facts of the instant case by the Defendants, and against their mistakes; (c) despite the Defendants’ partial assault from the victim F, the Defendants were deemed to have not been prosecuted; (d) paying KRW 3.5 million to the victim F under the pretext of agreement; and (e) Defendant A and Defendant C did not have any history of special criminal punishment except for those punished once by a fine due to a violation of the Road Traffic Act (driving).

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