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(영문) 서울서부지방법원 2014.05.01 2013고정2639
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The denial of the defendant and the defendant C is the trust of the E church located in Eunpyeong-gu Seoul Metropolitan Government D, and the victim F (53 years old) is the denial of the above church pastor G.

At around 11:40 on June 8, 2013, the Defendant and C were in front of the E branch of the E branch of the E branch of the said church in Eunpyeong-gu Seoul, and during the dispute over the ownership issues of the said church, on the ground that they would stop the victim F from entering the church, and Defendant A was carrying out physical fighting, and Defendant A was in both hands, carried out the two arms of the victim, thereby keeping the breast part of the victim in both hands, and C was in both hands, and C was in both hands.

As a result, the defendant assaulted the victim jointly with C, thereby causing injury to the victim, such as the left-hand left-hand speak, salt, etc., which requires about 14 days of treatment.

Summary of Evidence

1. Legal statement of witness F and H;

1. Partial description of the police interrogation protocol of the accused;

1. Each police statement made to F and H;

1. A written diagnosis of injury;

1. The defendant and his defense counsel's assertion about the defendant and his defense counsel in the investigation report (verification investigation of scams) are asserted that the defendant did not have committed any violence against the victim, but considering the above evidence, especially the fact that the victim and witness H were consistently stated in the investigation agency and this court, the defendant's assertion is not accepted since the criminal facts of this case are proven beyond reasonable doubt.

Application of Statutes

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc.

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

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