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(영문) 인천지방법원 2020.02.11 2019고정2521
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A A shall be punished by a fine of 2 million won, and Defendant B shall be punished by a fine of 1.5 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around 12:55 on September 7, 2019, the Defendants’ co-offenders, in the D restaurant located in Seo-gu Incheon, Seo-gu, Incheon, and Defendant B, in the process of avoiding disturbance from employees, caused the disturbance from E (the age of 37) that had been brought about by the employees, there was a dispute, such as that the Defendants’ co-offenders would go against the above E, and followed the victim F (the husband of the above E) who was the husband of the said E, who was entered the above restaurant, and the body fighting.

During this process, Defendant A was supbling the breath with the victim’s hand, and Defendant B was supposed with the victim’s chest by hand.

As a result, the Defendants jointly inflicted injury on the victim, such as “damage to the integrity of a detailed part of the victim’s unknown details,” which requires approximately two weeks of treatment.

2. At around 12:55 on September 7, 2019, Defendant A, in the instant D restaurant, the Defendant heard the horses that she would be melting from the victim E (I, 37 years of age) who was a customer, while having avoided a disturbance, such as that Defendant B, who was a driver of the Defendant, was able to enter the electronic tobacco, and was able to see the Defendant’s day on which she was able to see from the employee E (I, and I, 37 years of age). As the employees of the restaurant hear, Defendant A, while she was able to see the victim, “I will am to be able to fright, I, Y Y, I, I have to go.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Medical certificate (F submission);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 311 of the Criminal Act (a)

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines

1. Defendant A among concurrent crimes: the former part of Article 37 of the Criminal Act.

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