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(영문) 대전지방법원 2014.09.19 2014고정851
폭력행위등처벌에관한법률위반(공동상해)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On December 2, 2013, at around 23:30 on December 2, 2013, the Defendant, at the point of “F” operated by the victim E (the age of 46) in Seo-gu Daejeon, was unable to receive money from the above E, and the Si expenses are attached upon request from the main point. C, while taking a bath to E, spite the E’s breath into his face by breathing it into hand, and supported E’s her breath with tobacco being spaced, and the Defendant, who was behind it, was in the face of E.

C continued to catch the head of E and attract the Defendant’s tobacco to the knitter, and the Defendant supported the head of E, and C took over the face of E one time by drinking, and knee and knee in the face of E with knee and 15 times in the face of E.

On the other hand, the victim G (Woo, 37 years of age) who is an employee of G had the Defendants sold the right side of G one time.

As a result, the Defendant and C jointly inflicted injury on the victim E, such as an infinite finite, which requires approximately four weeks of medical treatment, and injury on the victim G, such as an infinite finite finite, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness E, G and H (a defendant denies that there is no assault against the victims, but it is judged that each of the witness's statements is reliable because the witness's respective statements are consistent and consistent with each other);

1. Each injury diagnosis certificate (E, G);

1. Application of Acts and subordinate statutes on photographs of damage;

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the relevant criminal facts, Article 2 (1) of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The fact that the nature of the crime is inferior in light of the method of assaulting reasons for sentencing and the degree of injury, etc. under Article 186(1) of the Criminal Procedure Act, the fact that the evidence is obvious, and the damage has not been recovered.

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