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(영문) 수원지방법원 2018.12.20 2018고정982
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 700,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On November 29, 2017, the Defendants taken the victim F (the remaining and the age of 21) on the street from E in front of E in the ethic City of 00:15 on November 29, 2017, using a cell phone, and became the victim and the vision.

Defendant

A spits or spits the victim's face, thereby cutting down the victim's body by drinking breath, spathing the body of the victim's face more than once in drinking, and Defendant B assaulted the victim jointly with the victim, such as breathing the victim's face, spathing the victim's face, and destroying the victim's face again beyond the floor, thereby causing the victim's injury where the treatment days flaping the treatment days.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness F;

1. Statement of the police statement related to G;

1. F photograph, etc. [Defendant A did not jointly comply with Defendant B]

Defendant B asserted that there was no intention of injury because the F had been sealed in the process of preventing the F from attempting to commit a fighting with the intent of his own.

The argument is asserted.

However, the witness F used the defendants to assault himself.

The statements from investigative agencies to this court have consistently been made, and the statements are credibility.

F was at the same place where the Defendants were committed, and Defendant B was not at the position to call for the trial expenses, but Defendant B was not at the position to call for the trial expenses (the police’s statement protocol againstG, Defendant B was at the disadvantage of Defendant B’s desire.

(B) The Defendant B’s own attitude changed to Defendant A’s assault in a situation where the Defendants and F0,00 alleys are located.

It is difficult to believe.

In addition, even if Defendant B’s assaulted F in order to prevent Defendant B’s attack, the Defendants were assaulted in a case where the Defendants were friendly.

F. It shall not be deemed that there is no intention to injure F to the degree that the F is pushed down to the floor.

Application of Statutes

1. Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act provides that the pertinent legal provision and punishment on the crime shall be selected.

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