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(영문) 춘천지방법원 원주지원 2013.08.14 2013고단151
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

피고인들은 2013. 1. 29. 08:55경 원주시 F에 있는 G주유소 앞 노상에서 택시를 타기 위해, 피고인 A이 피해자 H(여, 52세) 운전의 I 택시를 향해 손짓을 하였으나 정차하지 않고 그대로 진행하여 가는 피해자에 대해 화가 나 발로 위 택시의 뒤 범퍼 부분을 1회 걷어찼다.

Accordingly, the victim was able to set up a taxi and set up a port against the defendant A, the defendant A was able to take the breath of the victim's face one time with his left hand, and the defendant B, who was on the side of the breath, was able to influence the victim's finger, and was able to take the part of the victim's cat once. The victim was able to take the part of the victim's cat.

As a result, the Defendants jointly inflicted injury on the victims, such as the bones, etc., which requires approximately three weeks of treatment.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. Each legal statement of the witness H and J;

1. Application of Acts and subordinate statutes to photographs and diagnostic reports of victims;

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

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

1. Defendants of the provisional payment order: The crime committed by the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not less severe than the nature of the crime committed jointly with the Defendants, and Defendant B is under suspension of execution. However, there are unfavorable circumstances, such as the Defendants’ mistake in depth, favorable circumstances, such as the fact that the Defendants agreed with the victims, and that they agreed smoothly with the victims, and other various sentencing conditions specified in the arguments of the instant case, such as the Defendants’ age, character and conduct, are taken into account.

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