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(영문) 창원지방법원 진주지원 2019.10.30 2019고단945
폭행
Text

Defendant

B and C shall be punished by a fine of KRW 3,000,000.

Defendant

B and C fail to pay the above fines.

Reasons

around March 26, 2019, Defendants 2 and 3 had been drinking together with the victim A(the age of 42) at the “Eju store” located in Jinju-si, Jinju-si.

1. Around March 26, 2019, the Defendant: (a) abused the cement block, which is a dangerous object on the floor, prior to the EM store, prior to the victim’s face, etc. on March 26, 2019; and (b) by gathering cement block, which is a dangerous object on the floor; and (c) threatened the victim with “a positive stamped”.

2. 피고인들의 폭력행위등처벌에관한법률위반(공동상해) 피고인들은 위 일시, 장소에서 피고인 B이 피해자 A과 몸싸움하던 중 피고인 B이 주먹으로 피해자의 얼굴을 수회 때리고 피고인 C이 이에 합세하여 주먹으로 피해자의 얼굴을 수회 때려 넘어뜨리고 발로 바닥에 넘어져 있는 피해자의 얼굴부위를 걷어찼다.

As a result, the Defendants jointly inflicted the injury on the right side of the victim, which requires treatment for about 8 weeks.

Summary of Evidence

1. Defendants’ legal statement

1. A suspect interrogation protocol of the police officer;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs, 112 report processing lists, investigation reports (investigation into submission of a medical certificate), investigation reports (Attachment of On-site CCTV images, etc.);

1. Article applicable to criminal facts;

A. Defendant B: Articles 284 and 283(1) of the Criminal Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 2(1) of the Criminal Act (the point of joint injury) and Article 257(1) of the Criminal Act, the selection of each fine

B. Defendant C: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines

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

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Violence exercising the reason for sentencing under Article 334(1) of the Criminal Procedure Act and the degree of injury inflicted on the victim is considerably heavy.

(b).

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