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(영문) 서울중앙지방법원 2018.05.01 2017고정3257
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the management group of the apartment complex E in Jung-gu in Seoul, and the defendant B is the person claiming as the head of the above apartment management office, and the victim F(50) is the person who is the head of the above apartment management office.

On August 11, 2017, in order to attract the victim from the above E apartment guard room on the ground that the damaged person continues to report his duties even though the contract period has expired, the Defendants committed assault, such as the Defendant A’s flab, and Defendant B’s flabing the victim’s flab, and flabing the body behind the damaged person’s body.

As a result, the Defendants jointly inflicted injury on the victim, such as salt, tension, etc. of 14 days in the hands and other parts requiring medical treatment.

Summary of Evidence

1. Entry of the defendant A's partial statement in the first trial record;

1. Statement made by the witness F in the second public trial record;

1. Statement made by the police with respect to F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing mobile phone images CDs;

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

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

3. Defendants of the provisional payment order: Determination of the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act (the grounds of conviction) by the Defendants and their defense counsel; in light of the difference between the Defendants and the damaged persons, the degree of assault committed by the Defendants, etc., the victimized persons did not have any injury as stated in its reasoning.

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence adopted and examined by this court, the Defendants committed assault against the victim in the form of several times, and the victim did not leave the place as indicated in the judgment, and the victim took care of the victim for about 14 days by assaulting the victim as stated in the judgment.

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