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(영문) 수원지방법원 2019.04.26 2018고정1972
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

The defendant and B are related persons, and the victim C(n, 20 years of age) are related persons with the victim D(18 years of age) and the victim E(n, 20 years of age).

The defendant, at the main point of "G" in "G" in the population F of the wife population, reported the victim C to drink and drink, and made the victim C to take a bath, and caused a mutual dispute.

At around 03:15 on April 15, 2018, the Defendant and B had a dispute with the victim C in front of the I street in the wife population H, the Defendant and B were faced with the victim C, the victim C was faced with his/her face and body due to drinking, and the victim D was able to have the face of the victim D due to drinking of the victim D and the horse.

이에 합세하여 피고인은 넘어진 채로 B에게 폭행당하고 있는 피해자 C에게 다가가, 신고 있던 구두로 피해자 C의 머리를 수 회 내려찍은 후 머리채를 손으로 잡았고, 피해자 E가 다가와 말리자 피해자 E의 머리채를 손으로 잡고 발로 허벅지를 찼다.

As a result, the defendant and B jointly inflicted injury on the victim C, which requires approximately two weeks of medical treatment, and each assaulted the victim D and E.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A protocol concerning the examination of suspect B or C by the police;

1. Statement of prosecutorial statement to J;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to on-site photographs, one medical certificate of injury, photographs of damaged parts at the time of the investigation, and reports on the investigation (report on the contents of the victim's D currency);

1. Relevant 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) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), and the selection of fines for negligence;

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

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

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

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