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(영문) 서울남부지방법원 2013.11.19 2013고정1895
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 21:40 on October 14, 2012, the Defendant, jointly with C, committed assault with the Enaart club stage located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, that is, the breath alcohol victim F (ma, 61 years old) dances, followed the development of the wife G by C, and the breath of the victim’s breast, and the breath of the victim’s breath, and the Defendant bread the victim’s breath by breathing the victim’s body, and then, the Defendant and C committed assault to the victim for about 42 days, such as breath (the 12th) at the right breath of the victim’s body used.

Summary of Evidence

1. The witness F’s statement in the court room is very consistent, specific, and clear statement from the investigative agency to this court with respect to the violence of the defendant. It does not seem that it is clear as if it is unclear. Meanwhile, although F suffered serious injury in this case, it does not want punishment against the defendant at present. In the above situation, there seems to be no particular circumstance where it is possible to gather the defendant or make a false statement for any other reason.

F's statement of damage can be accepted as credibility.

1. The witness H’s partial statement at bar reversed part of the investigative agency’s statement in this court.

However, despite the above statement change, H's overall purport of the statement was that the defendant did not see F as the appearance of F, and it does not mean that the defendant did not occupy F.

1. Application of Acts and subordinate statutes to the medical certificate of injury prepared by a doctor I;

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

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

3. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act include the following: (a) the developments leading up to the occurrence of the instant case; (b) the background leading up to the investigation; and (c) the fact that the accused does not want to punish the accused.

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