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(영문) 광주지방법원 장흥지원 2013.12.05 2013고단141
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On April 20, 2013, at around 07:20, the Defendants were in the main point of “E” in the Dong-gu, Gwangju Metropolitan City, on the ground that Defendant A was faced with the victim F (year 24) and shoulder, and Defendant A was in the face of the victim at several times due to drinking, followed up twice the part of the victim’s bridge by drinking, Defendant A was in the middle of the victim’s bridge, Defendant B, who was in the first place of Defendant A, was in the middle of the victim’s bridge. Defendant B was in the middle of the victim’s face, followed up the victim’s face, continued drinking, followed up the victim’s shoulder with the victim, and suffered injury, such as 10 w w w w w w sat, etc., which requires approximately 4 weeks treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding F;

1. A written diagnosis of injury to the F;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines, and the selection of fines

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

1. Defendants of the provisional payment order: (a) the degree of injury to the victim of the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not less exceptionally; (b) Defendant A was sentenced to a fine of one million won for the same crime around 2010; and (c) Defendant B had a record of having been sentenced to the suspension of indictment for the same crime around 2010; and (d) there was no agreement with the victims, etc., that are disadvantageous to the Defendants.

However, there are no other criminal records in addition to the above criminal records, and there are extenuating circumstances such as Defendant B's primary crime, Defendants B's initial crime, Defendants' resistance against the crime, and Defendants' relatively old age to lead a social life in the future.

In addition to all these circumstances, the Defendants’ respective circumstances are as follows.

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