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(영문) 대구지방법원 김천지원 2013.10.02 2013고정373
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 1,200,00.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is pro-friendly with B, and the victim C (the age of 18) was born after the Defendant and B, and the Defendant and B came to know the fact that the victim was harasting and bullying B’s female life during about three years prior to his birth, and had the victim feel in mind.

B around 22:30 on February 2, 2013, at Kimcheon-si D, the victim was found in the "E" coffee shop, and the victim was "to be able to break a car so that the victim was able to go to the 3 room in D, and the defendant also arrived at this place.

B은 같은 날 23:00경 위 F노래방 3호실 내에서 피해자에게 “너 뭐 잘못한 것 없냐, 기억이 나지 않느냐”고 물었고, 피해자가 “잘 모르겠다”라고 대답하자 거짓말을 한다는 이유로 화가 나 주먹으로 피해자의 머리, 얼굴부위를 수회 때리고, 옆에 있던 피고인은 “니가 먼데 동생 건드리냐”라고 하면서 손으로 피해자의 머리채를 잡아 노래방 바닥에 무릎을 꿇게 한 뒤, 손바닥으로 피해자의 머리부위를 20회 가량 때리고, 발로 피해자의 허벅지부위를 수회 찼다.

B continued to knee in the singing bed, when the victim was a victim for about 2 hours, such as cutting down his chest, head, single, and knee in knee in the singing bed, cutting down his head, name, and shouldering.

As a result, the defendant jointly with the victim B put about a scarcity, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the attachment of a medical certificate for injury and photographs of the upper part of the body);

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 27 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

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

1. The Criminal Procedure Act;

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