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(영문) 서울서부지방법원 2013.05.08 2012고정2028
폭력행위등처벌에관한법률위반(공동상해)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 19, 2012, at around 16:30 on February 19, 2012, the Defendant, along with C, sought as Sivina 502, Eunpyeong-gu Seoul, a residence of the victim, as the victim, for the reason that he was able to set up a door.

When the victim re-enters the residence, the defendant gets the head part of the victim by hand, and C gets the arms of the victim.

In addition, the Defendant “drawing off at South Korea’s house” was flicked as the victim’s face, and flicked with the victim’s hand, with the victim’s hand.

As a result, the defendant jointly with C in order to conduct a 10-day medical examination and injury to the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Each investigation report (related to materials on which a criminal complaint was filed on March 24, 2012, and hearing statements from the police officer on behalf of the police officer in mobilization);

1. Application of an injury diagnosis certificate and statutes governing damaged photographs;

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 27 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

1. In full view of the following circumstances, which can be known through each evidence of conviction under Articles 70 and 69(2) of the Criminal Act, the argument by the Defendant and the defense counsel that no assault was committed at all cannot be accepted. The facts charged in the instant case that the Defendant committed an injury to the victim in collaboration with C is found guilty.

① 피해자는 수사기관 이래 이 법정에 이르기까지 일관하여 피고인이 피해자의 머리를 잡아당기고 손가락으로 피해자의 눈을 찌르는 시늉을 하기에 이를 피하려다가 피고인의 손가락에 얼굴을 긁혀 찰과상 등을 입게 되었다는 취지로 진술하고 있다.

② The Defendant and C returned to the victim’s house to resist that they will bullying’s children, etc. bullying, but Defendant.

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