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(영문) 대전지방법원 2014.05.14 2013고정1875
폭력행위등처벌에관한법률위반(공동상해)
Text

1. Defendants shall be punished by a fine of KRW 1,000,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

On June 4, 2013, at around 08:50, the Defendants were at the 13 construction site of G apartment units in Daejeon Jung-gu, Daejeon, Daejeon, and Defendant A took a bath on the ground that he was mistakenly engaged in construction work for the victim E (the 63 years of age). The Defendant C was unable to drive the victim's body by breathing the body of the victim, and Defendant B sustained the victim's face part by her hand after flabing the breath, and caused the victim's bodily injury for about 13 days.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Each police suspect interrogation protocol concerning B and C;

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

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

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

3. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

4. Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (a person who applies for compensation shall claim compensation of two million won for medical expenses in prison, but it is not reasonable to issue an order for compensation in criminal proceedings because the scope of liability for compensation is not clear as there is no ground for calculating medical expenses).

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