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(영문) 부산지방법원 2016.08.11 2016고정642
폭력행위등처벌에관한법률위반(공동상해)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 6, 2015, the Defendants: (a) around 08:00, in a written pen located in Busan-dong, Busan-dong; (b) around April 27, 2015, on the ground that the victim D (24) who was an accident in the Defendant C and the alcohol house caused the damage to the victim, and the victim did not have the intention to the above vision, Defendant C was her hand at the time of the victim’s her head, and Defendant E was her head, and Defendant E was her head to the victim.

As a result, the Defendants jointly inflicted an injury on the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Each investigation report (to hear statements from the F phone of a witness);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on CDs and photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case committed by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is jointly committed by assaulting and injuring the victim. In addition, the Defendant appears to play a leading role in the whole process of the crime, such as: (a) the Defendant, despite the number of criminal records of the same kind of crime, once again led to the instant crime; and (b) the damage suffered by the victim has not been recovered, it is difficult to reduce the amount of fine as stipulated in the summary order of this case by more than the amount of fine as stipulated in the summary order of this case.

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