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(영문) 수원지방법원 2013.04.10 2009고단4908 (1)
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be respectively.

Reasons

Punishment of the crime

On June 12, 2002, the Defendant entered the Republic of Korea as an industrial trainee and worked as E at the outside heat work site of the building located outside the building located outside the building located in Yong-si on condition that he stays in the Republic of Korea for three (3) years. On July 12, 2002, in collaboration with E, the Defendant diagnosed the victims F and G who work in the same field as usual in a dormitory located in the same Ri on the ground that they were suffering from diseases while working in the same site in the same Ri on the same day, and diagnosed the victims under the influence of alcohol with the victim F and G at the same time, and caused the injury to the victim G at the time when he was inside the house where he was under the influence of alcohol, and caused the victim F by a shocking the victim F and her chest, which requires eight (8) week care by taking it into consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 27 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the date of the provisional payment order is minor, but the defendant, after committing the crime, paid a total of KRW 22 million to the victims, together with E, who is an accomplice. The crime of this case was committed after the lapse of a considerable period of time from the date of the crime committed ten years prior to the date of the crime. The defendant is legally re-entry into the Republic of Korea and is currently in the process of examination after applying for a change of the status of stay. The spouse and his/her child, who are a permanent resident of the Republic of Korea, are living in the Republic of Korea and thus are likely to involve excessive difficulties for the defendant and his/her family.

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