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(영문) 수원지방법원안산지원 2020.08.21 2019고정788
폭력행위등처벌에관한법률위반(공동상해)
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Defendant

A shall be punished by a fine of KRW 700,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants, C, D, and E are the new workers of the F-based Seoul Metropolitan Government F-based Seoul Metropolitan Government, and the victim G(the age of 46) is the head of the above construction site.

around 13:00 on February 2, 2019, Defendants and C et al. came to be the victim and the victim.

이에 피고인 A, C, D, E는 피해자에게 달려들어, C은 피해자의 멱살을 잡고, D은 피해자의 왼손과 허리춤을 움켜잡고, E는 피해자의 우측 팔을 뒤로 꺽은 다음 목덜미를 움켜잡고, 피고인 A는 피해자의 허리춤을 잡아, 피해자를 넘어뜨렸다.

Defendant

B refers to “any time off to the reduction of money” from the said office of the construction site at the above time, and prevented the victim from leaving the entrance in front of the entrance.

As a result, the Defendants assaulted the victim in collaboration with C, D, and E for about 4 weeks, and inflicted an injury on the victim, such as the 5th water section of the right side in need of treatment for about 4 weeks, such as the sloping and the side part of the side.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness G and H;

1. The police statement of H;

1. An investigation report (Attachment to the G injury diagnosis report);

1. Determination as to the Defendants and their defense counsel’s assertion on the investigation confirmation (victim’s G opinions, etc.), opinion, confirmation of release from admission, treatment details

1. The gist of the assertion is that Defendant A is aware of the fact that the victim was dead dancing, but the victim did not go beyond the above Defendant, and Defendant B does not prevent the victim from leaving the door.

In addition, the injury suffered by the victim cannot be seen as due to the defendants' act, so there is no causal relationship.

2. Determination

A. According to the evidence of the judgment, all the participants, such as Defendant A, including the victim’s hummatic dancing, are at the same time exercising force.

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