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(영문) 대전지방법원 서산지원 2015.06.25 2015고단45
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 30, 2014, at around 14:15, the Defendants: (a) while holding a meeting of a port related to wage negotiations in front of “F” in the Siljin power plant located in Siljin-si, Siljin-si, the Defendants: (b) followed the music to the effect that the victim G (the age of 32) who was unable to drive a vehicle parked due to the above assembly would turn on flick; (c) Defendant A glicked the light of the vehicle with the face of the victim’s head on his hand; and (d) flicked the victim’s face on two occasions by hand; and (e) Defendant B flicked the victim’s flick with his hand.

As a result, the Defendants jointly inflicted injury on the victim, such as the impairment of the character of head part that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. On-site and image of an injury;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The Defendants: 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, respectively.

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

1. Defendants of the provisional payment order: The reason for the sentencing of Article 334(1) of the Criminal Procedure Act requires the Defendants to deduct the vehicle to move the victim who is irrelevant to the assembly, and assaulted the victim from the train to the extent that it is not good to form the crime by putting the victim in the train, and the injury suffered by the victim is not excessive, and the fact that the Defendants deposited a total of two million won for the victim is favorable to the Defendants.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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