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(영문) 창원지방법원 마산지원 2016.10.04 2016고단756
폭력행위등처벌에관한법률위반(공동상해)
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Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

At around 20:25 on May 8, 2016, the Defendants expressed a bath to the victim on the ground that the victim D (the age of 30) who was operating a vehicle in the rear while drinking the vehicle at the 31st century in front of the Agricultural Cooperative of Mucheon-si, the coast of Changwon-si, the 31st century, followed by drinking the vehicle and drinking the vehicle at the 30th century. Defendant B took a horn, Defendant B took a hand, and the victim got off the vehicle.

While the Defendants were in dispute with the victim, the Defendants expressed their desire to “I Chewing, dead,” and Defendant A expressed that “I am bling with the victim’s hand,” and Defendant B expressed that “I am bling with the victim’s breath, young son.” In doing so, Defendant B expressed the victim’s desire to read “I Chewing, young son........” on one occasion the victim’s left part.

As a result, the Defendants jointly put the 14-day chilled chills and tensions in need of treatment to the victims.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement concerning D;

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

1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The sentencing conditions of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc. under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act shall be determined as ordered by taking into account the following circumstances.

Defendant A may have been punished for the same kind of crime.

Defendants were unable to agree with the victim.

The defendants reflect the crime of this case.

Defendant

B has no record of being punished for the same crime.

The degree of injury of the victim is not so significant.

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