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(영문) 광주지방법원 2015.10.23 2015고정636
폭력행위등처벌에관한법률위반(공동상해)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 26, 2014, around 23:10 on December 26, 2014, the Defendant engaged in obscene dancing, which represents sexual intercourse in the presence of E, a next customer.

Since then, F, who is the defendant's daily behaviors, was satisfing with alcohol-related diseases, broken and was satisfed, and the victim G (the age of 49) who is the driver's day of E, made a statement to the effect that the victim G (the age of 49) would rapidly change.

그런 후 F과 피해자는 위 주점 밖으로 나갔고, F은 위 주점 앞에서 주먹으로 피해자의 입술 부분을 1회 때리고, 바닥에 누운 채 피해자와 서로 발길질을 하였고, 피고인은 F의 폭력에 가세하여 넘어진 피해자의 사타구니 부분을 발로 1회 걷어찼다.

As a result, the Defendant, together with F, inflicted bodily injury on the victim who was unable to know the number of days of treatment.

Summary of Evidence

1. Each legal statement of the witness H and I;

1. Protocols of examination of witnesses in relation to G and E;

1. Each police interrogation protocol concerning G and F;

1. The police statement of E and I;

1. Related photographs;

1. Each injury diagnosis letter (G) [In full view of the following circumstances known by the above evidence, i.e., (i) injury to a victim’s abdog may be deemed to have occurred from the victim’s injury on one occasion by drinking as above; (ii) the defendant was guilty in light of the following circumstances: (i) the F’s injury to a victim’s abdog by drinking; and (ii) the F’s injury to the victim’s injury on one occasion by drinking around the time when the victim’s injury was committed by drinking; and

1. Article 2(2) and (1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning the crime

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

1. Parts of the offense under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. The Defendant charged with the instant charges at around 23:10 on December 26, 2014, at the main point of “D” located in Gwangju Nam-gu, Nam-gu, Gwangju, and at the same time, an obscene dancing which leads to the sexual intercourse in front of E, a next customer.

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