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(영문) 창원지방법원 2013.10.15 2013고단1377
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On February 25, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint injury) imposed a victim on the ground that the victim C (15 years of age) who was a fright at the window of Changwon-si came to go back in front of the Ec Center D while drinking alcoholic beverages and returning home on February 25, 2013, and the victim C (15 years of age) was changed to the Defendant, etc.

As a result, the Defendant, in collaboration with C, inflicted injury on the victim, such as a dushe, which requires medical treatment for about 14 days.

2. Around 06:02 on February 25, 2013, the Defendant: (a) informed the Defendant of the circumstances of the instant case from the G K Kinging-si’s front stairs located in F, G King-si’s counter; and (b) informed the Defendant of the fact that he was arrested in the act of committing an offense; (c) informed the Defendant of the defect; (d) informed the Defendant of the arrest of the act of committing an offense; and (e) expressed the defect in the patrol vehicle at the seat of several persons, such as the reporter J.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, J, and I;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 311 of the Criminal Act, and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed by the defendant unilaterally assaults the victim C to inflict an injury, while insulting the police officer called out upon receiving a report, and the liability for the crime is not provided against the victim. However, the defendant committed the crime.

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