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(영문) 인천지방법원 2016.05.12 2016고정406
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendants are Thais working in D Co., Ltd.

On December 6, 2015, the Defendants drink alcohol together with the victim F (math, 23 years old), G (math, 26 years old) at the D dormitory restaurant located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, Seoul, and the victim F (math, 23 years old), and G (math, 26 years old).

However, under the influence of alcohol, Defendant A and Victim F were influence for an influent reason, and Defendant A was influent with f’s breath and breathed with f’s breath.

The flabbage of G was pushed down.

이에 F가 식당 바닥에 넘어지자, 피고인 A과 B은 F의 몸을 주먹과 발로 수회 때리고, 피고인 C은 F의 몸을 발로 수회 때리고, G의 몸을 발로 1회 걷어차고, 피고인들의 일행인 H( 같은 날 기소유예) 는 F의 몸을 발로 수회 걷어찼다.

As a result, the Defendants jointly with the above H put the victim F on the examination of the eyebrow with the number of days of treatment, and assaulted the victim G.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police in relation to F and G;

1. A protocol of seizure and a list of seizure;

1. Investigation report (CCTV analysis) and CCTV images;

1. Application of the Acts and subordinate statutes to photographs (the 36th time a month, and the f's f's boom photographs);

1. The Defendants: Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 2(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Article 2(2) and 1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) (joint assault) of the Criminal Act; and selection of fines.

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

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

1. Defendant A: Article 48(1)1 of the Criminal Act;

1. Defendants of the provisional payment order: Each of the instant crimes committed by the Defendants on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is jointly assaulted by the victims.

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