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(영문) 대전지방법원 홍성지원 2014.04.11 2013고정343
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants: (a) around 22:00 on May 31, 2013, on the following grounds: (b) around 22:00, on the E restaurant located in Chungcheongnam-gun Hong-gun, for the reason that the Victim F (F, 52 years of age) seems to have scarfed himself, the Defendants: (c) flown the face part of Defendant B at a time; (d) walked the chest with a hand, walked the upper part of the chest; (d) walked the body of the Defendant B with a hand, walked the arms and the scarf; and (d) taken the head part of the Defendant A with his hand on the ground that the Defendant A’s control over it. (d) The quif, who was spacing the breaf of the victim with his hand, b) shafing the bat; and (e) the Defendant A b) took the flaf with the victim’s hand and the part of the victim’s hand, and followed the Defendant A’s hand over the victim’s hand.

In the end, the Defendants jointly inflicted injury on the victims, such as cerebral leys, requiring medical treatment for about two weeks.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness F, G and H;

1. Each written diagnosis (F);

1. Application of the Acts and subordinate statutes governing body photographs;

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the punishment of crimes;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendants only unilaterally committed an assault from F, but did not commit an assault as described in the facts charged to F.

2. The following circumstances found by the evidence duly adopted and examined by this Court, namely, whether the victim was at the time of the instant fighting match B prior to the arrival of a large amount of drinking alcohol, or whether the victim was at the time of the instant fighting, and whether the victim was at the time of the instant fighting, but the victim was at the time of the instant fighting. However, the victim was at the time of the instant fighting.

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