Text
Defendant
A A shall be punished by a fine of four million won, and Defendant B shall be punished by a fine of two million won.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
피고인들은 2013. 10. 03. 02:10경 노원구 F에 있는 ‘G’ 앞 노상에서 G 내에서 피해자 H가 옆 테이블에 있던 I의 여자 친구들에게 찝쩍거린다는 이유로 시비가 되어 피고인 A은 주먹으로 얼굴을 때리고 넘어진 피해자의 얼굴 부위를 발로 차고, 피고인 B는 넘어진 위 피해자의 다리 부위를 발로 찼다.
As a result, the Defendants jointly laid the aggregate of the above victims, which requires approximately six weeks of medical treatment.
Summary of Evidence
1. Defendants’ partial statement
1. The police suspect interrogation protocol of H;
1. A written diagnosis of injury;
1. CCTV screen CDs at the scene of the crime;
1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 1);
1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act
1. The Defendants asserted that Defendant A committed an act identical to that stated in the facts charged, but Defendant B only her speeched and did not take part in the crime, and Defendant A merely took part in the crime, and Defendant A is not a joint injury but a liability for the crime of injury, and Defendant B is not guilty.
2. Article 2(2) of the Punishment of Violences, etc. Act requires that two or more persons who jointly commit the crime should have an accomplice relation with the crime. It refers to the case where several persons recognize another person's crime in the same opportunity at the same place and commit the crime to the victim by using it. Thus, even if several persons jointly consult with the victim, if one of them used violence against the victim, the act of violence is promoted or not exempted.