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(영문) 전주지방법원 2018.02.09 2017고단2204
폭력행위등처벌에관한법률위반(공동상해)
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

From September 23, 2017, around 02:30 on September 23, 2017, the Defendants were friendly-gu and the victim D(36) was friendly, and around September 23, 2017, Defendant B was able to report the form of Defendant B, and Defendant B was able to have a dispute.

Defendant

A while the Defendant B and the Victim’s Mada dispute was crypted, “I have been able to take advantage of them.”

어린놈들이” 라는 말을 듣자 화를 내며 양 주먹으로 피해자의 얼굴 부분을 2-3 회 세게 때리고, 피고인 B은 이에 합세하여 양 손으로 피해자의 머리를 잡아당기면서 발로 피해자의 허벅지 부분을 2-3 회 때려 바닥에 넘어지게 한 후 계속하여 발로 피해자의 가슴 부분을 1-2 회 힘껏 찼다.

As a result, the Defendants jointly put the victim a multi-faceted part of the face value requiring treatment for about 21 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or G;

1. A written diagnosis of injury;

1. Investigation report (Attachment of a medical certificate of injury);

1. Application of each of the photographic Acts and subordinate statutes (the Defendants)

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. with Respect to the facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of joint injury and the selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The defendants acknowledged the crime of this case, Defendant A did not have any past record of criminal punishment exceeding a fine, as the grounds for sentencing are favorable in Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for compensation is unclear and it is not reasonable to issue an order for compensation in criminal proceedings).

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