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(영문) 서울중앙지방법원 2018.06.27 2017고정3800
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

B is a person who operates a manufacturing company, and the defendant A is a member of the company who works for the manufacturing company in the defendant B.

From June 5, 2017, around 22:25, the Defendants: (a) requested the victim F (62 aged) to invest funds in Defendant B’s business entities; (b) provided the victim F (62) with the request for the payment of funds; and (c) provided a dispute between Defendant A and the victim due to the fact that Defendant A and the victim talks with singing, the Defendants were satisfing or cutting off the victim’s face, appearance, etc. by hand, and the victim’s face, distribution, etc.; and (b) the Defendant B satfing or cutting the victim’s belbow and satch with the victim’s felbow and bridge, carried the victim’s satch with the victim’s bridge, and carried the victim’s bridge on the wall, thereby causing injury to the victim, such as satfing, if the victim needs approximately 2 weeks medical treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Entry of the defendant A's partial statement in the first trial record;

1. Each legal statement of witness G and H;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, the selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Defendant A and his defense counsel asserted that the injured party merely committed an indecent act against the Defendant in order to commit an indecent act against the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, and that this was a legitimate defense under the Criminal Act.

However, according to the statements of G and H, who were witnesses, the victim was assaulted by the Defendants as stated in the facts of the crime in the judgment below, even if they were present at singing. Thus, there was unfair infringement against the victim, as alleged by the Defendant.

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