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(영문) 서울남부지방법원 2016.06.24 2015고정2603
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On December 7, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint injury) occurred with B, on the ground that, around 10:00 on December 10, 2014, F, the first day of the above B and the victim E (V, 17 years old) was changed at the D cafeteria parking lot located in Geumcheon-gu Seoul Metropolitan Government.

The Defendant: (a) was kneeing the victim’s head collection; (b) sold the victim’s face several times with knee, followed the victim’s face several times; and (c) the above B was shaking the victim’s head collection, thereby destroying the victim’s face face that requires treatment for about three weeks; and (d) was feling the victim’s head collection.

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

2. 폭력행위 등 처벌에 관한 법률위반( 공동 폭행) 피고인은 B과 함께, 2014. 12. 7. 10:20 경 서울 금천구 독산로 67길 14 소재 다세대 빌라 주차장에서, 피해자 G( 여, 17세) 과 E이 위 B의 머리를 잡고 놓지 않자 화가 난다는 이유로, 위 B은 피해자의 머리채를 잡고 주먹으로 얼굴을 1회 때리고, 피고인은 피해자의 허벅지를 발로 수 회 밟고, 배를 수 회 걷어 찼다.

Accordingly, the defendant assaulted the victim jointly with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A written statement of each victim;

1. A medical certificate of injury (255 pages of investigation records);

1. Application of statutes, such as photographs of damage;

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc., Selection of Punishment of Specific Crimes, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence) and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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