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(영문) 수원지방법원 2017.08.24 2017고단1826
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

The Defendants shared, around 00:39 on March 6, 2017, at “F main point” located in G (36) of the said main point, and on the grounds that the Defendants were frighted and bad, Defendant A did flicked the victim G (36 years old) who is another customer of the said main point, and Defendant B flicked the victim’s face at one time, and flicked the victim’s body from the said main point, and flicked the victim’s body from the said main point, and flicked the victim’s body from the main point, and flicked the victim’s body from the main point. Defendant A took part in this, and flicked the victim’s body from the main point, and flicked the victim into drinking, and flicked the victim with the need for treatment between approximately 28 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. G statements;

1. Investigation report (related to the analysis of on-site CCTV and request for provision of communications data);

1. Investigation report (related to attachment of a medical certificate), victim's photograph, etc.;

1. Application of Acts and subordinate statutes to an investigation report (related to submission of a medical certificate of injury) and a copy of a medical certificate of injury;

1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (the choice of a punishment) concerning criminal facts;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The conditions unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The damages suffered by the victim are not less severe, and Defendant A was punished by a fine (2008): the Defendants recognized their mistakes and reflects them; Defendant A did not have any history of punishment exceeding the fine in the case of Defendant A; Defendant B did not have any history of criminal punishment; Defendant B did not have any history of criminal punishment; the Defendants paid 12 million won to the victim after the prosecution of the case, and the victims did not want the punishment of the Defendants by mutual agreement with the victim.

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