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(영문) 의정부지방법원 2016.06.15 2016고단789
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

피고인은 2015. 7. 4. 21:00 경 포 천시 B 앞에서 피해자 C(32 세) 부친이 피고인 일행인 D에게 욕설을 하였다는 이유로 시비가 발생하여, 주먹으로 피해자 얼굴을 3회 때리고 피해자 목을 잡아 눌러 넘어뜨린 후 발로 피해자 다리를 찼고, 이를 제지하던 피고인 일행인 E과 F도 피해자를 발로 찼다.

As a result, the defendant, in collaboration with E and F, sustained injuries such as slive slives, slives, slives, and slives that require treatment for about 84 days.

Summary of Evidence

1. Defendant’s legal statement

1. Part concerning C’s statement in each police interrogation protocol against E or F;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. 112 Application of the report processing list, photographic Acts and subordinate statutes;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

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

1. Article 334(1) of the Criminal Procedure Act recognizes and reflects in depth the Defendant’s mistake.

With the smooth agreement with the victim, the injured party does not want to punish the accused.

Until now, there is no past history of criminal punishment.

The face from the victim of India was assaulted by the victim, and the degree of the victim's injury is serious, but it does not seem that it was directly caused by the victim's assault.

Until now, it seems that social contribution activities, such as voluntary crime prevention members, volunteer service, etc. have continued to exist, and the punishment shall be determined as ordered in consideration of various sentencing conditions, such as the age, motive, means and result of the crime, and the circumstances after the crime.

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