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(영문) 창원지방법원 2015.10.22 2015고단1155
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 2,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A on February 11, 2015, a person who was sentenced by the Changwon District Court to 8 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) and 2 years of suspended execution and was finally decided on the 18th day of the same month.

1. On January 18, 2015, Defendants in violation of the Punishment of Violences, etc. Act (joint injury) performed drinking within the window E in Changwon-si and the F drinking house in the second floor E in the second floor, and Defendant D (22 years old) on the ground that Defendant A’s wall was found to be drinking and resisted by the victim D (22 years old) who was on the wall that Defendant A had taken the wall by drinking, her "saton" was taken one time, and the victim’s face was transferred to the victim’s face by drinking and drinking together with Defendant B and C, the same day.

As such, the Defendants jointly laid down a closed framework that requires three weeks’ medical treatment.

2. The Defendant B destroyed the damage of property by drinking at the same time and place as above 120,00 won of the market price, which is attached to the table room 19 set forth in the above F drinking house operated by the Victim G under the influence of alcohol at the same time and place as above 19.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police officer's statement about D and G;

1. A letter of arrest of each flagrant offender;

1. A medical certificate, medical certificate, or simple receipt;

1. Application of Acts and subordinate statutes to investigation reports (attached to previous records, judgments, etc.);

1. A and C of the relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 2 of the Criminal Act: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (a point of joint injury) and Article 366 of the Criminal Act;

1. Defendants who choose to impose punishment: Each selective fine

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: each criminal law.

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