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(영문) 대전지방법원 2014.08.18 2014고단1602
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A and B shall be punished by a fine of 2,000,000 won, and Defendant C shall be punished by a fine of 3,000,000 won.

The Defendants respectively.

Reasons

Punishment of the crime

1. 피고인 A, B의 폭력행위등처벌에관한법률위반(공동상해) 피고인들은 2014. 3. 23. 02:35경 대전 중구 문창로 95번지 앞길에서 술에 취하여 피해자 C(23세)와 욕설을 하며 시비가 되어, 피고인 A은 피해자의 가슴을 손으로 민 다음 주먹으로 얼굴을 1회 때려 바닥에 넘어뜨리고, 위 피고인과 피고인 B는 넘어진 피해자를 발로 찼다.

As a result, the Defendants jointly inflicted an injury on the part of the inner part in need of approximately three weeks of treatment on the victim.

2. Defendant C was assaulted by the victim A and B at the time and place described in the preceding paragraph, and the face of the victim B (the age of 32) was cut back once drinking. Defendant C followed the reasons why the victim A (the age of 32) was frighted, followed by the reasons why she was frighted, and again frighted against the victim A (the age of 32).

As a result, the Defendant inflicted injury on the victim A, such as cutting the frame of internal walls that need to be treated for about 42 days, and injury on the victim B, such as cutting the frame of a breath in need of treatment for about 28 days.

Summary of Evidence

【Criminal facts of No. 1】

1. The defendant A's partial statement

1. Each legal statement of witness C and F;

1. A medical certificate of injury, and a damaged photograph (criminal facts of No. 2 on the market);

1. Defendant C’s legal statement

1. Legal statement of witness F;

1. Application of each injury diagnosis certificate, and statutes governing damaged photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A and B: Article 2(2) and (1) of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act

B. Defendant C: Article 257(1) of the Criminal Act (Selection of Fine)

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Defendant C);

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse;

1. The defendant B and the defense counsel regarding the argument of the defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act, each of the defendant B and the defense counsel, who inflicted an injury on the victim C.

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