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Reasons
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(영문) 대전지방법원 홍성지원 2017.06.29 2016고정325
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A and B shall be punished by each fine of KRW 1,000,00, and Defendant C and D shall be punished by each fine of KRW 500,000.

The defendants are the defendants.

Reasons

Punishment of the crime

1. On August 23, 2015, Defendants A, B, and C jointly committed the crime: (a) on the grounds that the victim D (50 aged) prior to the distribution of H church in Chungcheongnam-nam budget-gun G was prevented from having access to the instant Defendants; and (b) Defendant A, by hand, her hand, her fats and arms of the victim, her fats over the victim; (c) Defendant B her fats the victim’s fat; and (d) Defendant C her fats the victim’s fat; and (c) Defendant C her fats the victim’s fat with her hand, and Defendant C her fatd the victim’s face.

As a result, the Defendants jointly assaulted the victim about two weeks of medical treatment, such as multiple scambry, etc.

2. The Defendant D assaulted the victim A (31 years old) on the date and time, at the place specified in the above paragraph 1, to prevent any defect in which the victim A (41 years old) et al. intends to enter the above preliminary distribution, by using his hand one time, and assaulted the victim A (74 years old) on the chest part of the victim I (74 years old), such as pushing the victim I (74 years old), selling and fluoring him, and assaulted the victim B (the victim B (the 34 years old), by using the Defendant’s hand, when he takes the part of the victim B’s hand.

Summary of Evidence

1. Each legal statement of the defendant A, B, and C

1. The defendant D's partial statement

1. The legal statement of the witness A, I and B;

1. On-site and victim photographs;

1. Photographs to be submitted;

1. An injury diagnosis certificate (D), injury diagnosis certificate (A);

1. Images submitted D (USB);

1. Application of two Acts and subordinate statutes to CDs on mobile phone pictures;

1. Article 2(2)3 of the Act on the Punishment of Violences, Etc. (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act; Article 260(1) of the Criminal Act; and Article 260(1) of the same Act on the selection of each fine:

1. Aggravated concurrent crimes D: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, of the provisional payment order;

1. The summary of the facts charged against Defendant D’s injury to Defendant D is to the Chungcheongnam-nam Budget Group G around August 23, 2015.

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