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(영문) 춘천지방법원 2013.04.09 2012고정702
폭력행위등처벌에관한법률위반(공동상해)
Text

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

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

On May 21, 2012, around 00:30 on May 21, 2012, the Defendants: (a) the victim G (hereinafter referred to as “E”), an employee of the said main point, spiting on the road, spiting the water to F; (b) the victim’s face, head, etc. was spiting on the road; (c) the Defendants were spiting on the road by drinking the water; (d) the victim’s face, head, etc.; and (e) the Defendants were spiting both arms of the victim; and (e) the Defendants got up to the floor.

The Defendants jointly with F, together with F, put up for approximately two weeks inside and outside of the face to the victim for medical treatment.

Summary of Evidence

1. Legal statement of witness G;

1. A protocol of suspect examination of G police officers;

1. A complaint;

1. A medical certificate;

1. A report on the criminal place or the field of violence;

1. Photographs concerning violence cases;

1. Application of Acts and subordinate statutes to investigation reports (related to the statement at the H phone of a reference witness);

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. The defendants and their defense counsel's assertion against the defendants of Article 334 (1) of the Criminal Procedure Act (the defendants) and their defense counsel asserted that at the time when F and the victim G are engaged in physical fighting with each other, the defendants merely take the arms of the victim to fight in order to fight with F and do not go beyond the victim because they are in combination with F and do not go beyond the victim.

However, according to the evidence in the summary of the evidence mentioned above, since the victim spits water on the front side of the E main point, the victim spits water with the Defendants, and the Defendants were spite with the victim, and the F entered into the main place with the victim's breath and the victim's breath as well as the victim's breath inside the main place, and the F reconcing the victim's head into the main place, and the victim was spite with the victim's body f and also f.

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