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(영문) 대전지방법원 2013.08.09 2013고정574
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C. D around 03:00 on June 22, 2012, the above F and the defendant, who are the E-Apact house workers who drive away from drinking in the above E-Apact house, did not pay the drinking value, became to have a dispute with them on the front of the Hju point in Seo-gu, Daejeon.

Around 03:00 on June 22, 2012, the Defendant and F set up against the assault by the victim C (the age of 22) and the victim D (the age of 23) on the road front of the H main point, and the Defendant and F set up against the assault by the victim C (the age of 22) and the victim D (the age of 23), while the victim C takes the face of the Defendant due to the victim D's outbreak, and the victim D has carried the Defendant's face into D, pushed the Defendant's chest at one time by carrying the son's chest, and the Defendant combined with it, brought the Defendant into both arms after the above D, and turned over D.

The facts that the defendant gets up from D and bridges up to the floor are led to confession (the court statement and investigation records of the defendant). In light of the progress of the trial of this case, there is no concern that there is a substantial disadvantage to the defendant's exercise of his right to defense. Thus, it is recognized ex officio without changing the indictment.

Thus, the defendant and F jointly inflicted injury on the above D, such as "the friendly science department, the non-influoral team, the inspection team, etc.", and assaulting the above C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, D, and I;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the same Act, Article 260 (1) of the Criminal Act (the point of joint violence), Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment is that the defendant gets the victim D from behind, and goes beyond the floor by laying the bridge.

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