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(영문) 춘천지방법원 영월지원 2014.10.10 2014고단24
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A around 22, 2013, around 23:00 on May 22, 2013, on the grounds that the victim I (the age 21) speaks that he w and w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

Summary of Evidence

1. Partial statement of Defendant A (the purport that there is a fact at the time and place of sale that the victim was committed);

1. Legal statement of a witness I and J;

1. Application of Acts and subordinate statutes, such as a medical certificate of injury, an injury part photograph (where an independent act causes the result of injury by concurrent act, and the act causing the result is not revealed, it shall be applied in accordance with the co-principal's order (Article 263 of the Criminal Act). Since Defendant A assaults a victim and then Defendant A may be held liable for injury to Defendant A in accordance with the co-principal order inasmuch as the victim was injured by additional assaulting the victim and then the victim was injured, Defendant A and the defense counsel’s argument that there is no causal relationship with the injury is rejected)

1. Relevant provisions of the Criminal Act and Articles 257 (1) and 263 of the Criminal Act concerning the choice of punishment;

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

1. The part not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant D, C, and B) of the provisional payment order;

1. On May 22, 2013, Defendant D, Defendant C, and Defendant B met the victim’s face by drinking and shot on the ground that the victim I (year 21) said that Defendant B she she was wraped at the Gangwon National University of Tourism, which was in the Yellow-si, Seowon Tourism University (Seoul) around 23:00 on May 22, 2013.

As a result, the Defendants jointly inflicted bodily injury on the victim, such as the mouth of bad faith in need of approximately four weeks of treatment.

2. The Defendants did not jointly assault the victim.

3. The judgment of the Defendants is based on the investigation agency and the prosecution in this court.

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