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(영문) 대전지방법원 2020.06.26 2020고단36
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violence, etc. Act (joint assault) on August 9, 2019: B, C, and D around 00:0 on August 9, 2019, and the Defendant was at his own house located in Daejeon Dong-gu, Daejeon, and C, and on August 9, 2019; B, on the ground that the Victim F wished to have the parents of C by the message of Pins North Korea, and her cryp, “cryp,” etc., he was aware of the Victim F’s face and back, made the Victim’s hump a number of times by drinking, made the Victim’s hump and back the Victim’s hump to the hump of the hum material, and the Defendant made the Victim’s hump and schep to the Victim’s face with his hand and drinking. C, with the Victim’s face, she made the hump and chest of the Victim.

Accordingly, the defendant assaulted the victim jointly with B and C.

2. On August 9, 2019, the Defendant violated the Punishment of Violences, etc. Act (joint injury) around 01:00, at the entrance of H elementary school located in Daejeon Dong-gu Daejeon, B laid down the top half of the victim's body once again, and the Defendant spons the part of the victim's body twice by drinking, and C sustained the victim's face at one time with the hand floor and sustained the victim's 14-day care for 14-day care.

Accordingly, the defendant, together with B and C, injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and C;

1. The police statement concerning F;

1. A report on occurrence of a crime, and a report on investigation;

1. A written diagnosis of injury;

1. Application of CCTV-related Acts and subordinate statutes;

1. In light of the relevant provision of criminal facts, 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 2(2)1 of the Criminal Act, Article 260(1) of the Criminal Act (the point of joint violence), and Article 260(1) of the Criminal Act, and the circumstances where a victim who has an intellectual disability in the choice of a fine has inflicted an injury by jointly assaulting on two occasions, the relevant crime

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