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(영문) 대전지방법원 천안지원 2019.06.25 2019고정56
폭력행위등처벌에관한법률위반(공동상해)
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Defendant

A shall be punished by a fine of KRW 80,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

During the period from August 16, 2018 to 13:15, the Defendants: (a) pushed up the victim D (57 years of age) who is the part of the former president of the Association from the second floor of the Association of the C apartment reconstruction in Yong-gu, Dong-gu, Chungcheongnam-gu; (b) tried to keep the victim from suffering scambling by Defendant B’s scambling the victim’s hand; (c) Defendant A, who was under his control, pushed down the victim’s body by scambling the victim’s head and scambing the victim’s body with his head; (d) Defendant A, his head and scambling the part of the victim’s chest with his head and chest; and (e) Defendant B’s chest scambling the victim’s chest by scambling two times after the locking; and (e) had the victim’s left part by the victim’s hand.

As a result, the Defendants jointly inflicted injury on the victim, such as dystrophal salt, styp, fry, sule, sule, sule, sule, and cerebral sule, etc.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness D;

1. CCTV images (Ba1 CDs) and CCTV images;

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

1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines, respectively.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Judgment on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. Defendant A’s head did not have any fact that the head and chest part of the victim several times, and his act is merely a passive defensive act.

B. Defendant B did not intend to injure the victim in collaboration with Defendant A, and the victim’s act cannot be deemed to have suffered an injury by the Defendant’s act, and the illegality is excluded due to an act that does not violate social norms.

2. Determination

A. According to the statements made by the victim D and CCTV images, Defendant A’s head is the victim’s head.

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