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(영문) 광주지방법원 2018.08.29 2017고단5234
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 20, 2017, from around 12:40 to 15:55 on the same day, the Defendant and C were able to take an examination with the Defendant on the victim F ( South, 24 years old) who introduced the Defendant into the Esing room 13 located in Gwangju Dong-gu with the introduction of the Defendant, and the Defendant was able to take an examination with the Defendant, and the victim was able to take an examination with the Defendant, and the victim was able to take an examination with his/her hair and the face with his/her hand. The Defendant was able to take an examination with the victim’s hair and the back part of the victim’s chest and back part once, respectively, and the Defendant took part in the examination and treatment of the victim’s hair and the body part of the victim’s hair and back part of the body. The Defendant took part in the examination and treatment of the victim’s hair and knife the victim’s body and knife the victim’s body.

As a result, the defendant and C jointly inflicted injury on the victim, such as "the multiple dives of both shoulders and the completes of all parts," which require approximately two weeks of treatment.

2. The Defendant and C violated the Punishment of Violences, etc. Act (joint confinement) set the entrance to the singing room to prevent the victim from going out of the way of talking about the same date and time, and in order to prevent the victim from going out of the way of talking at the same place, and detained the victim by assaulting as above.

Accordingly, the defendant and C jointly detained the victim for about 3 hours and 15 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Each police statement made to F and G;

1. A written diagnosis of injury;

1. Application of the relevant photographs and the Acts and subordinate statutes on parts of damage;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act (the point of joint confinement), and selection of each fine for a crime;

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

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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