logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.01.16 2013고정2679
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. At around 20:50 on February 16, 2013, Defendant A, at around 20:50, 5:00, 200 the stairs was lowered at the exit of 5:0 the New Triang Station located in 393-65, Dongjak-gu, Dongjak-gu, Seoul.

At the time, as the Defendant was under the influence of alcohol, there was a duty of care to make a prompt unloading of stairs so that it is anticipated that there is a danger that it will go beyond the case of unloading stairs and that it may be faced with another person's body.

Nevertheless, the Defendant neglected to do so and neglected stairs, and neglected to do so, and neglected to vadidi, thereby covering the victim D (bee, 50 years old), which was frightening around the Defendant, and caused the victim to fall off, thereby causing approximately two weeks of medical treatment to the victim, and thereby causing injury to the part in need of medical treatment.

2. The Defendants jointly committed the crime committed by the Defendants were partly faced by the victim D at the time and place specified in Paragraph 1, and Defendant A took a bath to the victim, and Defendant A took the victim’s her hand one time, her head her head her head her head her head her hand, and Defendant B took the body of the victim by her hand, and Defendant B took the body of the victim’s her hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness D, E, F, and G;

1. On-site reports;

1. Application of Acts and subordinate statutes, such as a standing photo, diagnostic certificate (investigative record 51 pages);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 266(1) of the Criminal Act; Article 2(2) and (1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (the point of joint assault) and Article 260(1) of the Criminal Act; the choice of fines

B. Defendant B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: each of them.

arrow