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(영문) 춘천지방법원 원주지원 2012.12.05 2012고정161
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant and D are friendly, and they are between E and C.

On November 4, 201, at around 03:40 on November 4, 201, the Defendant, in collaboration with D, committed an injury, such as an unexponed part of the body in the treatment period, in front of the taxi stop located near the agricultural town located in the original city, D with his hand, and the Defendant, in his hand, dumped the victim E’s dub, and damaged the victim E by cutting the dubb, and destroying the dub, etc. into the bottom.

Summary of Evidence

1. C’s legal statement;

1. First police suspect interrogation protocol regarding E;

1. Some protocol of suspect of the police about D;

1. A survey report (related toCCTV screen analysis);

1. Application of Acts and subordinate statutes on damaged parts of E and CCTV screen pictures;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel on the grounds of conviction under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that they did not have assaulted E, and that the injury suffered by E was caused by another person, but considering the above evidence, the defendant and D are sufficiently recognized as having inflicted an injury on E in the course of the instant fighting. Thus, the above argument is rejected.

Parts of innocence

1. The gist of this part of the facts charged is that the prosecutor charged a single crime among the facts charged in this part and the facts charged in the judgment, but the crime of violation of the Punishment of Violences, etc. Act (joint injury) is established for each victim, and the court can recognize the facts charged for a single crime as a substantive concurrent crime without modification of the indictment. Thus, since the crime of violation of the Punishment of Violences, etc. (joint injury) and the crime of violation of the Punishment of Violences, etc. (joint injury) against E are in the relation of concurrent crimes,

Defendant and D are friendly, and they are between E and C.

Defendant, together with D, shall be.

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