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(영문) 의정부지방법원 2017.06.22 2017고정812
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On September 20, 2016, around 01:30 on September 20, 2016, the Defendant and B met with the victim E (28:3) around the D pharmacy located in Jung-si, the Defendant and B met with the Defendant who was in a cafeteria business relationship with the Defendant, and let the Defendant enter the restaurant business relationship with B at the same place, and sprink the Defendant, and the Defendant sprinked the Defendant against it, and the Defendant sprinked the victim’s face by drinking. B, the Defendant sprinked the victim’s head by selling the arms (50 to 60cm) with the head, shoulder, head, and head.

Accordingly, the defendant, together with the victim B, committed two parts of the need for a medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol prepared by the police for the examination of suspect B or E, and a protocol prepared for the examination of suspect B or E;

1. E image, injury diagnosis report, investigation report (the telephone conversations with the shot light F, and telephone conversation with the witness G);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 of the Act on the Selection of Punishment of Violences, etc., Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; (b) the Defendant appears to have suffered an injury due to an assault from the victim of India; and (c) the fact that the victim and the victim agreed smoothly with the victim are recognized as a favorable circumstance for the Defendant.

On the other hand, however, the crime of this case where the defendant inflicted bodily injury on the victim in collaboration with B is not less than the nature of the crime in light of the contents and methods of the crime, the crime of this case has been punished several times due to the same and similar crimes, the balance of general amounts of punishment in the same and similar cases, and other persons of the defendant as shown in the argument of this case.

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