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(영문) 서울남부지방법원 2014.11.20 2014고정2960
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of KRW 700,000,000, and by a fine of KRW 1.2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are members of the C church’s “D” or “E”.

On January 1, 2014, at around 23:25, the Defendants: (a) carried the breath of the victim H(the age of 49) who is the opposite party to the church in the Cridge parking lot located in Yangcheon-gu Seoul Metropolitan Government, and (b) carried the body of the Defendants, at around 23:25, he pushed the victim, and (c) caused the victim to go against the body of the Defendants in the car parked in that place.

As a result, the Defendants jointly put up the subject of approximately 14 days of medical treatment to the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Investigation report (dynamic image analysis);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act for the defendants who choose to commit a crime;

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

1. Defendants of the provisional payment order: The sentencing reasons under Article 334(1) of the Criminal Procedure Act include that the victim does not want the punishment against Defendant A, shall be determined as ordered in consideration of the fact that the victim does not want to do so.

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