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(영문) 수원지방법원 여주지원 2013.10.11 2013고정293
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

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

Reasons

Punishment of the crime

On March 31, 2013, around 01:10 on March 31, 2013, the Defendant and C brought disputes over the issue of borrowing the victim F (26 years of age), G (26 years of age) and tobacco from the street in front of the E station located in Sju-gun, Gyeonggi-do.

During that process, C had the victim F's left eye and vert in drinking twice each side of the victim F, and two chests, and the defendant took two times the victim F's left face.

As a result, the defendant jointly with C, caused the victim F to suffer approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning C and F;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of the letter of diagnosis of injury to F;

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 and the selection of fines;

1. The portion of innocence and dismissal of prosecution under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse;

1. On March 31, 2013, around 01:10 on March 31, 2013, the Defendant and C in the charge of violation of the Punishment of Violences, etc. Act (joint assault) brought a dispute over the issue of borrowing F (26 years of age), victim G (26 years of age) and tobacco from the street before the point of view of the E located in Female-gun, Gyeonggi-do.

(이하 ‘이 사건 다툼’이라고 한다). 그 과정에서 C은 주먹으로 F의 왼쪽 눈 및 코 부위를 각 2회, 양쪽 가슴을 2회 때리고, 피고인은 발로 싸움을 말리는 피해자의 다리를 걸어 넘어뜨리려다가 피해자의 낭심을 걷어찼다.

Accordingly, the defendant assaulted the victim jointly with C.

2. According to each of the above evidence, the defendant assaulted the victim who fights C, F, etc. at the time, and assaulted F by combining C and F with the fighting. On the other hand, C and C did not have any assault against the victim, and only did they have fighting with F and F.

In light of the above facts of recognition, C.

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