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Defendants shall be punished by a fine of KRW 10,000,000.
In the event that the Defendants did not pay the above fine, 100.
Reasons
Punishment of the crime
On August 21, 2017, the Defendants: (a) around 20:30, the 6th floor “D” office of the Yeongdeungpo-gu Office of the Gaung-gu Seoul Metropolitan Government Building C, which was a construction site work in which Defendant A had a dispute with the victim E (49 years of age) due to a construction site work; and (b) Defendant A was sprinking the victim’s breath by walking the bridge due to his appearance; and (c) Defendant B took part in it, and was sprinking the victim’s breath with his hand.
As a result, the Defendants jointly inflicted an injury on the victim, such as the need to provide approximately two weeks of medical treatment, cryp dump salt, etc.
Summary of Evidence
1. Part of the Defendants’ legal statements
1. Legal statements from witnesses E and F;
1. Partial statement of witness G;
1. A protocol concerning the suspect B of the police;
1. A written statement;
1. Determination of the Defendants and the defense counsel’s assertion on the medical certificate of injury, E medical request for treatment, and medical records
1. The summary of the assertion was that Defendant A did not commit any act of assault as stated in the facts charged, and Defendant B did not commit any intentional act even though he saw the victim’s flaps.
2. Determination
A. Comprehensively taking account of the following circumstances revealed by the evidence revealed earlier, the Defendants jointly assaulted the victim as stated in the facts constituting the crime, and thereby, can be sufficiently recognized that the victims suffered the injury.
① In this case, a neutral person who both Defendant A and the Victim are in F.
F is a person who was in charge of supervision in connection with the construction of Defendant A, introduced the victim to the construction site of Defendant A, and subsequently received a claim related to the payment of wages from the injured party, not a person who is close to either Defendant A or the injured party.
F known both at the investigation stage that it is difficult to attend at the investigation stage, and the F did not actively intervene in this case to the extent that only a copy of the fact confirmation is sent to the police station.
F In a fact-finding certificate, the defendant A and the victim.