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(영문) 의정부지방법원 고양지원 2014.09.05 2013고정1501
폭력행위등처벌에관한법률위반(공동상해)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal record] On October 26, 2012, the Defendant was sentenced to a suspended sentence of two years for a period of eight months, who was sentenced to imprisonment with labor for fraud on October 26, 2012, and the judgment became final and conclusive on November 3, 2012 at the Cheongju District Court on April 4, 2013, and became final and conclusive on April 16, 2013.

【Criminal Facts】

피고인과 성명불상자는 2011. 9. 20. 05:20경 경기 고양시 일산동구 C 빌딩 1층 ‘D’ 편의점 앞 노상을 지나가던 중 피해자 E(23세, 남)의 일행들이 쳐다보았다는 이유로 함께 다가가 성명불상자는 손으로 피해자의 뺨을 수회 때리고 피고인은 피해자의 일행들이 말리려 하자 이를 제지하고 주먹으로 피해자의 얼굴 부위를 수회 때리고 발로 피해자의 배 부위를 걷어찼다.

As a result, the defendant jointly with the person who was not injured in his name, caused damage to the inner part that requires about 14 days of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the witness F, G, H, E, and I;

1. Photographs;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Before the disposition is made and the application of respective Acts and subordinate statutes of the Cheongju District Court;

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 27 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. It is decided as above on the ground that Article 186(1) of the Criminal Procedure Act bearing the cost of lawsuit = 310,000 won for a witness I 98,000 won (= KRW 28,000 for travel expenses of KRW 50,000 per day) for the witness E 53,000 for the witness G 53,000 won (= KRW 50,000 for travel expenses of KRW 3,00 per day) for the witness G 53,000 for the witness (= KRW 50,000 for daily travel expenses of KRW 50,000 for travel expenses of KRW 3,00 for the witness per day) for more than 53,000 for the witness’s 53,000 won per day (= KRW 50,000 for each day) for the witness’s 50,000 per day).

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