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(영문) 제주지방법원 2015.08.21 2015고정603
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant C, C, D, and E, around 02:00 on February 20, 2015, as the previous G in the Jeju City F, had been aware of a dispute with H, a other customer, at the expense of the other customer H, and were punished by physical fighting between C and H’s daily behaviors.

The defendant was suffering from the victim I (the age of 22)'s head, and E took the victim I's face from drinking, and D took the face of the victim J (the age of 22) one time to drinking, and the victim J (the age of 22) who was working in the above I.

As a result, the Defendant, in collaboration with C, D, and E, inflicted an injury on the victim I, such as a bridge of a non-felat that requires medical treatment for about 28 days, and assaulted the victim J.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D, J, K, E, I, and C;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on related photographic data;

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), the selection of each fine;

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

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act recognizes and reflects the fact of the crime, the degree of participation in the crime and crime, the degree of injury inflicted upon the victim I, the degree of injury on or around April 201, and on November 2014, each crime of assault has the record of receiving a non-prosecution disposition (not having authority to institute a prosecution) by the victim as he/she did not want the punishment against the defendant, taking into account the background of the crime, the age, character and conduct, environment, etc. of the defendant,

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