(영문) 청주지방법원 충주지원 2015.02.17 2014고정164

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(영문) 청주지방법원 충주지원 2015.02.17 2014고정164

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 22, 2014, at around 20:30 on April 22, 2014, the Defendant, along with a person who was unaware of his name, was moving to a D taxi affiliated with the FF department in E, which was driven by the victim C (the age of 58) on the way before the extreme terminal located in Geum-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and was getting out of the amount of KRW 360,000 out of the taxi fee of KRW 30,000,000 on the day before the same day.

At around 20:37 on the same day, the Defendant and the person who was unaware of the name of the Defendant requested to pay all taxi charges by hand on the front of the restaurant “H” in G, and attached the shoulder of the victim followed.

As a result, the defendant jointly with the person who was unable to use his name, caused the shoulder and the arms to be treated for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc. and Article 257 (1) of the Criminal Act;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant of the allegation does not inflict an injury on the victim in collaboration with his/her name and person in an unsound manner as stated in the facts constituting a crime.

2. The following circumstances that can be acknowledged by each evidence duly adopted and investigated by this court, namely, the victim’s statement that the Defendant and his/her name was consistently maintained from the police to the court of this Court by putting the victim’s shoulder by hand, and the victim was treated at the hospital on the day following the day on which the crime of this case was committed. The disease and the injury part recorded in the injury diagnosis document against the victim correspond to the victim’s statement, and the Defendant also took the taxi fee from the police to the court of this Court.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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