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(영문) 춘천지방법원 2018.07.19 2018고단466
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of 2.5 million won, and Defendant B shall be punished by a fine of 2.5 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

피고인들은 2018. 3. 17. 00:52 경 춘천시 D에 있는 ‘E’ 술집 2 층 계단에서 피해자 F(20 세) 이 피고인 A의 여자 후배에게 추근거렸다는 이유로 피해자와 서로 말다툼을 하다가 화가 나 주먹으로 피해자의 얼굴을 수회 때리고 피해자가 바닥에 넘어지자 발로 피해자의 얼굴 등을 수회 걷어찼다.

As a result, the Defendants jointly inflicted bodily injury on the victim, such as a dushe that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement;

1. Application of Acts and subordinate statutes to a report on the dispatch to the scene of a violent incident, on-site photographs, internal investigation reports (verification of CCTV image data), and investigation reports (a diagnosis, etc.);

1. The Defendants of relevant criminal facts: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendants who choose to impose punishment: Each selective fine

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: The Defendants appear to have an attitude against themselves to recognize their criminal acts, and Defendant A appears to have reached an agreement with the victim after the closure of pleadings in the first instance trial.

However, Defendant A was sentenced to a fine for the same crime, Defendant B committed the instant joint injury during the repeated crime period after having been sentenced to imprisonment for the same crime, etc., and completed the enforcement thereof, and the degree of injury suffered by the victim in light of field pictures, CCTV images, etc. are deemed to be disadvantageous to the Defendants.

In addition, the defendants' age, sex, environment, motive and background of the crime, degree of participation, result of the crime, circumstances after the crime, etc., and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, shall be determined as ordered.

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