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Reasons
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(영문) 서울동부지방법원 2016.01.27 2015고정608
폭행
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Defendants shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Defendant B’s violation of the Punishment of Violences, etc. Act (joint injury) and E are the same.

E around 05:00 on October 11, 2014, at G Hall located in the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, for the reason that the Defendant Ha (29 years of age) will come to a trial with the victim A, the Defendant Ha was faced with a beer disease toward the victim, and the victim’s face and body were collected due to drinking and growth, and the Defendant was led by his hand to the head of the victim.

The original facts charged are deemed to have not been likely to substantially disadvantage the victim’s head, flaps, or the defendant’s exercise of his/her right to defense. As such, the aforementioned facts charged shall be revised and supplemented without going through the amendment process of indictment.

As a result, the Defendant, in cooperation with E, inflicted an injury on the victim, such as fluoral salt in need of approximately two weeks of treatment.

2. Defendant A, at the time and place described in the above paragraph 1, was set up against the victim B (34 tax) at the time and place, with the victim’s breath, pushed the victim’s breath, and breathed with the victim’s arms and spaths.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

[Defendant A]

1. The defendant's legal statement (as at the fifth public trial date);

1. Legal statement of the witness B;

1. On-site photographs (Defendant B);

1. A witness I and each legal statement of A;

1. Statement A in the protocol of suspect interrogation of E by the prosecution;

1. Each police statement made to I and A;

1. A written statement;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 260(1) of the Criminal Act (Selection of a punishment): Defendant B: Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act (wholly amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (wholly amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act

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 B and defense counsel under Article 334(1) of the Criminal Procedure Act.

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