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(영문) 제주지방법원 2013.08.13 2013고정445
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Around November 22, 2012, the Defendants violated the Punishment of Violences, etc. Act (joint injury) committed a bridge and an inspection that require approximately two weeks of treatment to the victim jointly, on the ground that the victim F, who did not have any balance with the Defendants, was in dispute with the Defendant A’s spouse due to the problem of usual land boundary on the roads prior to the “Epenta” located in Seocho-si, Seocho-si, and that the victim F, who did not have any balance with the Defendants, was able to take a look at and sleep the breath of the victim’s bridge, and that he was able to take a bath.

2. The Defendants violated the Punishment of Violences, etc. Act (joint assault) committed joint assaulting the victim by hearing the disputed sound at the time and place specified in paragraph (1) and by putting the victim G, who was a flag of F, out of the house, in the middle, provoking the flab of the victim, Defendant A, flabing the victim’s flab, and Defendant B, flabing the victim’s head.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to G, F, and H;

1. Application of Acts and subordinate statutes of the medical certificate (F);

1. Relevant Article of the Act on the Punishment of Violences, etc. and the Selection of Punishment: Article 2 (2) and (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the point of joint violence). Selection of each fine;

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

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

1. A provisional payment order: A punishment shall be determined as ordered by taking into account all the following circumstances as the reasons for sentencing of Article 334(1) of the Criminal Procedure Act: The favorable circumstances are recognized as substitution of the facts of crime, the injury suffered by the victim F is minor, and the injury suffered by the victim is a primary offender who has no previous conviction (Defendant A): Provided, That there is no record of criminal punishment after 1986, considering the favorable circumstances, the fact that there is no record of criminal punishment after 1986, the order is ordered by the reasons such as the motive for crime, etc.

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