(영문) 광주지방법원 2020.05.14 2019고정769

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(영문) 광주지방법원 2020.05.14 2019고정769

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and B are married couples.

On May 26, 2019, at around 09:18, the Defendant and B requested the victim D(74 years of age and women) to find the victim's house at the bed and enter the fighting with other people in front of Seo-gu, Seo-gu, Seo-gu, Gwangju, and sought to get the victim's fighting, the Defendant and the victim collected the first race at the bed of the victim, and the victim opened the door B in his hand, and the Defendant saw the victim's face part at two times by the physical disease, pushed the victim's face part at hand, pushed the victim's face part, and continued the assault out of the damaged house, and kid the victim's sphere sphere and sphere the victim's sphere.

As a result, Defendant and B jointly inflicted bodily injury on the victim, such as a scarke wall, which requires approximately two weeks of treatment.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by witnesses D in the second protocol of the trial;

1. A written diagnosis of injury;

1. A photograph of each damage;

1. On-site report (Attachment ofCCTV fix) [the defendant and his defense counsel] asserts that although the defendant and B are less likely to find the victim's house, they did not cause any injury by assaulting the victim. However, at the police and court, the victim has consistently made a statement in the police and court to the effect that the victim suffered any injury by assault as stated in the crime committed by the defendant and B as stated in the judgment of the court, and at the time, the police and the statement in the court, which witness E at the scene of the crime of this case, coincide with the victim's statement in substitution with the victim's statement, and according to the CCTV video taken on the day of the crime, the defendant and B are recorded, it is fully recognized that the defendant and B jointly inflicted the injury on the victim as described in the facts

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (2) 1 of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Detention at a workhouse;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

-형법 제257조 제1항

유사 판례

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