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(영문) 인천지방법원 2018.11.08 2018고단5237
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A, C, and D shall be punished by a fine of KRW 5,00,000, and Defendant B shall be punished by a fine of KRW 2,000,00.

The defendants are the defendants.

Reasons

Punishment of the crime

On December 31, 2017, at around 02:00, the Defendants committed violence, such as assaulting the victim’s face and body by drinking and burning, and continuously Defendant D and Defendant C committed assaulting the victim’s face and body, which goes beyond the stairs under the stairs, on the ground that Defendant A was faced with her shoulder with the victim I (26 years old) who is another customer, while Defendant A was taking a toilet.

As a result, the Defendants jointly inflicted injury on the victim, such as the cutting of a pelto and the cutting of a peltos that require treatment for about 28 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect to J or K;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to each investigation report (including on-site CCTV images, a written diagnosis of a suspect I's injury, a change of five crimes, the analysis of on-site CCTV images, etc.);

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 shall be punished strictly in light of the following: (a) the Defendants are subject to punishment in light of the developments leading up to the instant crime or the form of violence, and the degree of injury, etc. committed jointly with the victim as a minor vision for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendants reflect in depth the commission of crime; (c) the Defendants are contingent crimes; (d) the victims and the victims have reached a smooth agreement during the public trial of this case; and (e) both the Defendants are first offenders, and the possibility of improvement and future need to be considered as the young age; and (e) the Defendants shall be punished by the fine in consideration of the following: (a) the Defendants’ character and conduct, environment, the process and degree of exercising force of participation in the crime; and (b) the circumstances after the crime.

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