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(영문) 수원지방법원 안산지원 2014.05.01 2013고정2137
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The defendants are married with the couple, the defendant A is the children of the victim D (the age of 67) and the victims are de facto marriage.

The Defendants, around 06:00 on October 1, 2013, 6:407 of the E Apartment Si E apartment, Silung-si, and Defendant A, who followed the victim F (the age of 63) to take a bath during telephone conversations, had the victims and the victims of the dispute.

Accordingly, Defendant A prevented the victim D from entering into the open door, and pushed the body out of the body by hand, Defendant B took the face of Defendant F one time with the damaged floor, Defendant A and the victim F met with the stairs by pushing the victim F's body. Defendant B and the victim F met with the stairs.

As a result, the Defendants jointly committed an injury to the victim D, such as cryp fry, which requires approximately two weeks of medical treatment, and injury to the victim F, such as a 8-day cryp fry, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The Defendants’ written statements in each police interrogation protocol

1. Each legal statement of witness D and F;

1. Police suspect interrogation protocol regarding F;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc., and Article 2 (1) of the same Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The assertion that Defendant A only obstructed F from entering the Defendant’s house to prevent F from entering the Defendant’s house without permission, and Defendant A prevented F and D from entering the Defendant’s house, and Defendant B and D from entering the Defendant’s house.

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