(영문) 수원지방법원 성남지원 2012.08.30 2012고정214

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(영문) 수원지방법원 성남지원 2012.08.30 2012고정214

폭력행위등처벌에관한법률위반(공동상해)

Text

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

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

Around 12:00 on September 2, 201, the Defendant set up against the Defendant’s assaulting the Defendant at a “D” entertainment tavern where the Defendant located in Sungnam-si C was working as a management director, on the ground that he did not leave his place of business under the influence of alcohol between the victim E (the age of 18) and the victim E (the age of 18) and did not return to his place of business, and the Defendant took the victim’s face at a drinking time, and the Defendant saw the victim’s face as drinking, and the said entertainment tavern employee F, a staff member of the said entertainment tavern, also put the victim into 21-day medical treatment when taking the victim’s face into drinking.

As above, the Defendant, together with F, injured the victim.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The E or F statement of the police interrogation protocol of the accused;

1. An interrogation protocol of the police with regard to F (second time);

1. Application of an injury diagnosis certificate (E), damage photographs (14 pages) statute;

1. Relevant Article 2 (2) of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines for the crime;

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

1. Judgment on the assertion of Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that there is no fact that the victim was drinking, and therefore, he did not inflict injury on the victim jointly with F.

2. Determination

A. The victim consistently states, F (No. 58 pages) and G (No. 90 pages) at the police end, that “the victim’s face was taken by hand by the victim, the defendant’s face, the victim was taken by hand, and F was taken by drinking to speak this,” while making a statement to the effect that “the defendant was at time when the victim was taken by drinking,” consistent with the circumstances and progress of the case, and “the defendant was at time when the victim was taken by drinking.”

B. On the other hand, the victim and the F are "the face of the victim" in this Court.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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