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(영문) 서울동부지방법원 2014.06.11 2014고정630
폭력행위등처벌에관한법률위반(공동상해)등
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 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. From September 29, 2013, the Defendants violated the Punishment of Violences, etc. Act (joint injury) around 03:30 on September 29, 2013, on the ground that Defendant A, in the course of drinking alcohol within the “Ecafeteria” located in Gangdong-gu Seoul Metropolitan Government, was frighted to the victim’s left side of the victim F with his hand, pushed the victim’s face at two times, and Defendant B got off the floor by pushing the victim’s face.

As a result, the defendants jointly put about about approximately 21 days of treatment to the above victims, such as a multi-faceted dysia.

2. The Defendants violated the Punishment of Violences, etc. Act (joint assault) committed assault to the said victims jointly, such as taking the head of the Victim G from drinking on the same grounds as the date, time, place, etc. set forth in the preceding paragraph, and walking the vessel and the bridge on several occasions.

Summary of Evidence

1. The defendants' legal statement (the second trial date in case of the defendant B)

1. A protocol concerning the examination of each police suspect against F and G;

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

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), the selection of each fine;

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

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

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

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