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(영문) 서울중앙지방법원 2014.04.25 2013고정3746
폭력행위등처벌에관한법률위반(공동상해)
Text

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

In the event that the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who engages in the clothing sales business, and Defendant B is a main agent, and the Defendants are the main agent.

Defendants were at around 17:20 on May 6, 2013, and around 17:20, the first upper underground floor Defendant A of “F” operated by Defendant A of the first upper underground floor of “F”, with the reason that the victim (e.g., 5 years of age) was suffering from dust in the process of putting a clothes, and were in dispute.

The body was fighting.

Defendant

A, while "I have come up to go back, I pushed his body with his hand, and Defendant B was called as soon as possible for the victim and pushed down his arms.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Protocol of partial examination of the witness with respect to G;

1. Protocol of examination of the witness of H;

1. The suspect interrogation protocol against the Defendants

1. Application of the Acts and subordinate statutes to the Defendants’ written statements

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and selection of fines, respectively;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, of the provisional payment order;

1. The summary of this part of the facts charged is as follows: around 17:20 on May 17, 2013, the Defendants were in dispute with the victim G (in the middle-gu, 55 years old) in front of the “F” clothing store operated by Defendant A of the 1st underground floor of the Jung-gu Seoul, Jung-gu, Seoul.

The body was fighting.

Defendant

A put the fingers into the victim's entrance, and the defendant B followed up the victim's hair and clothes, making the victim's hair and clothes faced with a rail.

As a result, the Defendants jointly inflicted an injury on the 31-day cryp dump of cryp that requires treatment on the victim.

2. The victim is admitted as evidence of the facts charged that Defendant A put his fingers into the victim's entrance and knife B, put his hair and clothes into the victim's hair and knife B, and knife B.

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