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대구지방법원 2017.05.12 2016고정1189
폭행
Text

Defendant

A shall be punished by a fine of KRW 700,000,000,000,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[criminal history] On September 8, 2016, Defendant A was sentenced to a suspended sentence of two years on March 10, 2017 by imprisonment with prison labor for violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Daegu District Court and the judgment became final and conclusive on March 10, 2017.

[Criminal facts]

1. On October 23, 2015, the Defendant: (a) around 03:30 on October 23, 2015, around 03:30, the Defendant: (b) went through a restaurant located in Daegu-gu D, Daegu-gu, where drinking alcohol together with D D, and the Victim F (21 tax) who is a general customer, was faced with B and D; (c) and (d) made a dispute with one another; and (d) assaulted the victim’s face at one time by making it possible for the Defendant to do so.

2. Defendant B

A. In light of the fact that the victim F, who was aged outside the above E cafeteria around the day specified in paragraph 1, was flicked, the injured Defendant inflicted an injury on the victim, such as the victim’s flat, flat, flat, tension, etc., which requires treatment for about 10 days, when he flats the victim’s flat, and flat face and flats each at once.

B. At the time and place set forth in paragraph 1, the Defendant: (a) entered the Victim G (42 tax) who is the owner of the above E cafeteria as a restaurant; and (b) followed the victim F to enter the restaurant, and (c) “I am to the head of the Chewing flax.”

“Along with the demand of the victim to move out of the place, the victim did not go, but did not interfere with the above restaurant business of the victim for about 10 minutes by avoiding disturbance, such as acting as the victim booms the city expenses.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness F;

1. Statement of the police statement related to G;

1. A CD (video-recordings);

1. A written diagnosis of injury;

1. Previous conviction (Defendant A): Application of a copy of the judgment bound in the public trial records, and output of the search screen of the prosecution cases to the Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 260(1) of the Criminal Act; selection of fines

B. Defendant B: Article 257(1) of the Criminal Act (the point of injury) and Article 314(1) of the Criminal Act (the point of interference with business) and selection of each fine

1. Defendant A who handled concurrent crimes: Article 37 of the Criminal Act.

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