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(영문) 인천지방법원 부천지원 2013.10.11 2013고단1121 (1)
폭력행위등처벌에관한법률위반(공동재물손괴등)등
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Defendant

A shall be punished by a fine of 7,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint destruction and damage) jointly destroyed the 622,046 won of repair cost, such as a hump lamps, on May 1, 2013, on the front side of the Seocheon-si, Seocheon-si E-si, and the victim D, a taxi driver, under the influence of alcohol, refused to take passengers.

2. The Defendants violated the Punishment of Violences, etc. Act (joint injury) were at the same time and place as above, and when the Defendants damaged the taxi and caused the victim D (the age of 45) to do so, the Defendants were able to turn off the telegraphs of the said D through hand and shots, and the victims G (the age of 37) who continued to go through the said knife the Defendants to move to the Defendant.

As a result, the Defendants jointly inflicted injury on D, such as multi-lateral diagnosis and scambry, which require D for about 14 days of treatment, such as the left-hand scambing of the face-hand scambing that require G to be treated for about 4 weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Co-defendant D's legal statement

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement related H;

1. An injury diagnosis certificate and an injury diagnosis certificate (D);

1. Application of the Acts and subordinate statutes to photographs, vehicles and damaged parts, estimates of general repair expenses, and photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of causing joint damage) and the choice of each fine

B. Defendant B: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of joint damage) and the choice of imprisonment, respectively.

1. Each of the concurrent crimes:

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