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(영문) 의정부지방법원 2020.06.18 2020고정637
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A defendant, B, and C are one-way relationships, and D are not in any relationship with the defendant, etc., but D's friendship E is in any relationship with the defendant, B.

D On June 1, 2019, around 05:24, 05:24, the time limit was set between the Defendant, B, C, and D as the time limit was incurred from each other on the side roads of F building G in Dongducheon-si.

피고인은 2019. 6. 1. 05:30경 동두천시 F 빌딩 G매장 옆 길에서 바닥에 주저앉아 있는 피해자 D(여, 25세)의 얼굴을 주먹으로 수회 때리고, 발로 머리를 수회 차고, 머리채를 잡아 당기고, B은 바닥에 주저앉아 있는 피해자의 얼굴을 주먹으로 수회 때리고, 무릎으로 얼굴을 1회 때리고, 발로 머리를 수회 찼다.

At around 05:55 on the same day, the victim entered the H building first floor management room in Dongducheon-si, the defendant and B used assaulting the victim's face that he was sitting in the management room, such as drinking and hand-on, blicking the head debt.

As a result, the Defendant, together with B, inflicted injury on the victim, such as ‘brain sugar' that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Some statements in the police interrogation protocol concerning B;

1. Part of the police statement concerning C;

1. Statement of the police officer to I;

1. Written Statement;

1. Photographss of suspect D and photographs of the body and body of the suspect D taken directly by the suspect D at the time of voluntary motion;

1. A written diagnosis of injury of suspect D;

1. Application of the investigation report (the observation of CCTV on the first floor of H building) and the Acts and subordinate statutes on the ctv video closures in the paths adjacent to a G store;

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize the facts charged in the instant case and to reflect his mistake.

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