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(영문) 대구지방법원 상주지원 2013.03.12 2011고단628
폭행등
Text

Defendant

A shall be punished by a fine of one million won, by a fine of three hundred thousand won, and by a fine of five hundred thousand won.

Reasons

Punishment of the crime

1. On December 27, 2010, Defendant A was permanently living at the E construction site at around 23:50 on December 27, 2010, Defendant A called “a victim F (year 41) and singing in a singing room” while having a dispute with the victim F (year 41). Defendant assaulted the victim at one time at the left face of the victim’s right hand.

2. 피고인들의 공동범행 피고인들은 공동하여 위 일시 무렵 위 숙소 복도에서 위 피해자 F가 제1항과 같이 폭행 당한 것에 화가 나 소란을 피우자, 피고인 C은 피해자의 목을 잡아 뒤로 넘어뜨리고, 피고인 A는 우측발로 피해자의 가슴 부위를 약 4~5회 밟고, 피고인 B는 우측발로 피해자의 우측 옆구리를 약 2~3회 차고, 피고인 C은 우측발로 피해자의 좌측 허벅지 부분을 약 3~4회 정도 찼다.

As such, even according to the facts charged, “an injury in the area of autopsy and snow room” stated in the facts charged, such as damage of salvism in front of the victim, which requires approximately three weeks of treatment, is obviously a misunderstanding of the Defendant’s assault rather than joint injury by the Defendants, and thus, without any change in the indictment, it seems to be just a specific part of the facts charged that “A victim, etc.” was stated in the victim’s statement in light of the degree of injury indicated in evidence such as medical records, the victim’s statement, etc., and the remaining injury except for the other damage of salvble and snow room in light of the degree of injury indicated in evidence such as medical records, etc., it seems obvious that the remaining injury, as stated in the facts charged, constitutes “an injury requiring three-day medical treatment” as stated in the facts charged, and considering the contents, etc. of the Defendants’ statement, it seems that there is no concern that the name of the crime may be any substantial disadvantage to the Defendants’ exercise of their right to defense without changing the indictment.

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