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(영문) 수원지방법원 성남지원 2014.07.18 2014고정262
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violences, etc. Act (joint injury) jointly with C and D on July 27, 2013, on the ground that the Defendant and his security guards met with the horse dispute with the victim, and the victim F was involved in the dispute with the E Apartment 105, Hanam-si, at the end of 19:30 on July 27, 2013, the Defendant 1 took the victim’s neck as his hand, and C and D took the victim’s neck as her hand, and put the victim into two necks for approximately 14 days, and the victim was her scambling.

2. The Defendant attempted to destroy and damage property at the above date and time, and at the above place, attempted to catch a mobile phone of an amount equivalent to 300,000 won at the market price of the victim F, by hand, and throw away on the floor, but did not bring about an attempted crime because the mobile phone was not damaged.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police interrogation protocol against C, D, and the accused;

1. Statement made by the police of the F;

1. A written statement;

1. A written diagnosis of injury;

1. Evidential photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury, the selection of fines), Articles 371 and 366 of the Criminal Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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