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(영문) 서울중앙지방법원 2017.12.15 2017고정3416
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around May 31, 2017, the Defendant violated the Punishment of Violences, etc. Act (joint injury) jointly with C on May 31, 2017, at around 03:30, the Defendant brought a dispute with the victim F ( South, 23 years old) who was seated by the Defendant at the Gangnam-gu Seoul Metropolitan Government D and the second underground floor “Eging Chapter” with the victim F ( South, 23 years old) who was seated by the Defendant, and the Defendant went beyond the floor by breathing the victim’s breath, and C sustained the victim’s face by combining it with C, thereby causing an injury to the victim, which requires approximately four weeks of non-bringing treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (joint assault) jointly with C, at the time, at the place specified in paragraph 1, and at the time and place, C was assaulted by the victim G ( South and the age of 24) who was a criminal offender of the above F, such as breathing breath, etc., and the Defendant took the face of the victim by drinking, and C assaulted the victim by taking the body and face of the victim by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against C, G, or H;

1. Statement made by the police with regard to F;

1. A report on internal investigation (the analysis of video images of visible CCTVs and cell phones of employees);

1. Application of Acts and subordinate statutes to photographs taken by damaged parts;

1. Article 2 (1) 3 of the Punishment of Violences, etc. Act related to the crime, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 20 (1) of the Criminal Act (the point of joint violence) and the selection of fines, respectively;

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 Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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