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(영문) 대전지방법원 천안지원 2017.09.08 2017고단1046
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of KRW 1,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Victim D (ma, 36 years old) is E middle school sports instructors, Defendant B is F elementary school table cococo, Defendant A is G high school table coco.

On December 24, 2016, at around 02:00, the Defendants took a dispute with each other on the grounds that there was an unexpected appraisal of the victim D while carrying out a campaign with the victim D before being in front of the "I restaurant" located in Nam-gu, Namcheon-gu, Namcheon-gu, Seoul. Defendant B took the part of the victim's bridge, walked the victim's bridge, taken the face of the victim's face over several times by drinking, and took once the head part of the plastic.

Defendant A, who continued to be next, committed assaulting the victim's face at least twice by drinking.

As a result, the Defendants jointly inflicted an injury on the victim in need of medical treatment for about 21 days, such as the removal of a duct, the ductal, the ductal, and the ductal of the left-hand bridge.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of the witness D;

1. A written diagnosis of injury;

1. The defendant B asserts that there is no fact that the victim's face is taken by drinking.

However, in light of the contents of the victim's statement and injury in the victim's statement and the injury in the letter of diagnosis (non-aggravating) it is sufficiently recognized that Defendant B was exposed to the victim's face.

② In addition, the Defendants asserted that Defendant A only told the fighting and did not assault the victim jointly with Defendant B.

However, in full view of the following: (a) the victim’s statement that Defendant A was assaulted against the victim was consistent and specific; (b) the victim’s statement appears to have been consistent and consistent; and (c) the victim’s statement appears to have been made by Defendant A, such as bringing the Defendant A to the middle, etc., Defendant A inflicted injury on the victim jointly with Defendant B.

【Application of the statute】

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act.

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