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(영문) 춘천지방법원 2017.05.30 2017고정68
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant and C are related with each other, and D and E are South Korea.

1. On August 21, 2016, the Defendant and C’s joint bodily injury: (a) around 21:30 on August 21, 2016, the Defendant and C committed assault, such as taking the victim’s head debt and taking over the victim’s head debt, and (b) assaulted the victim by assaulting the victim, such as taking the victim’s head debt, taking the victim’s head debt back. (c) At the same time, C used the victim’s fighting at the above two people’s head debt and walking the satch, walkinging the satch, taking the satch of the victim’s head debt, thereby causing injury to the victim during two weeks of treatment days.

Accordingly, the defendant and C jointly inflicted an injury on the victim D.

2. The Defendant and C’s joint assault Defendant and C committed assault by the Defendant and C at the above date and time, and at the above location, the victim E resisted that they were assaulted by the Defendant and C, and subsequently, assaulted the victim E, namely, the victim’s reputation, and the wheels with the left-hand arms and the inner part.

Accordingly, the defendant and C assaulted the victim E jointly.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of the Act and subordinate statutes to the scene of the case, a photograph of damage, and a written diagnosis

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc., Selection of Punishment of Specific Crimes, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence) and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment appears to have been repented when the defendant led to the crime of this case, the fact that the defendant appears to have committed the crime of this case due to prior assault by the defendant, and that there was no agreement with the victims.

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