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(영문) 의정부지방법원 고양지원 2016.09.23 2016고단1284
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

B and C fail to pay the above fine, respectively.

Reasons

Punishment of the crime

The Defendants, on January 3, 2016, 05:30 on the grounds that the victim H (23 years old) in the “G main store located in Ilsan-dong, Yongsan-gu, U.S., U.S., would have the victim I (23 years old) feel bad while taking a bath to Defendant B, and let the said victim and the victim I (23 years old) who was working on the day.

Accordingly, Defendant A granted the victim H, and Defendant B took the face of the victim H at the first floor of the above building in the atmosphere of Defendant B, and Defendant B took the face of the victim H at a time.

계속해서 피고인 A은 피해자 I을 주먹으로 수회 때리고 발로 걷어차고, 그 옆에서 피고인 C, B은 함께 피해자 H를 밀쳐 쓰러뜨린 다음 피고인 C은 피해자 H의 머리채를 잡아당겨 얼굴을 주먹으로 때리고, 피고인 B은 피해자 H를 발로 걷어찼다.

As a result, the Defendants jointly inflicted injury on the victim H, such as the care for about 21 days on the left-hand side and the parts of the body, which require treatment for about 28 days, on the part of the victim I.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I and H;

1. A medical certificate for each injury and a medical certificate;

1. Application of CCTV closure photographs, victim photographs, and statutes on site photographs;

1. Relevant Article 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1) of the Criminal Act; Article 257(1) of the Criminal Act; the selection of fines

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant B and C at a workhouse: Article 70 (1) and Article 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), based on the background and contents leading to the assault in this case, and the parts and degree of the injury, etc., of the crime, shall be mitigated.

shall not be deemed to exist.

However, all the Defendants still seem to have ageed and misunderstanding.

The victims and the victims have agreed smoothly.

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