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(영문) 수원지방법원 성남지원 2016.01.08 2015고정1228
폭력행위등처벌에관한법률위반(공동상해)
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Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants and C are the same kind of conduct, and D and E are the same kind of conduct.

1. Defendants and C’s co-offendered Defendants and C were able to take the Felon around October 12, 2014, 202:02:10, and Defendant B was able to take the part of the victim E and D (23 tax) and Si expenses, on the ground that Defendant B was able to take the part of the victim E and C (20 years old)’s desire to take the part of the victim E and D (23 years old), Defendant B was able to take the victim’s head debt, take the victim’s head debt, take the victim’s head debt, take the victim’s body as drinking, take the victim’s head debt, take the victim’s body as drinking and spath, and then Defendant B was able to take the falon the victim E’s spat and take the body as drinking.

그 후 C, 피고인 A는 도주하는 피해자 D을 쫓아가서, 피고인 A는 그를 붙잡아 넘어뜨린 후, 그의 몸 위에 올라타서 주먹으로 그를 수회 때리고, C도 발로 그의 몸을 수회 걷어찼다.

As a result, Defendants and C jointly put the victim D with about two weeks of multi-time medical treatment, and the victim E with approximately two weeks of face, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol of interrogation of each police officer against the Defendants (including the cross-examination)

1. Each statement;

1. Each injury diagnosis report on E and D;

1. Each damaged photograph;

1. Application of on-site CCTV-related statutes;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act, which are applicable to the detention in the workhouse, provides the cause of the instant fighting, the degree of the Defendants’ participation in the assault, degree of injury, equity in each punishment of the parties to a fighting, takes into account other Defendants’ age, sex, occupation, living environment, motive, means and consequence of the crime.

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