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(영문) 의정부지방법원 고양지원 2018.04.20 2018고단34
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants and C, around July 15, 2017, around 03:50, on the grounds that they flicked with the victim F (20 years) on the ground that they flicked with the shoulder in the “EMM” located in Seo-gu Busan Metropolitan City, Seo-gu.

C took the face of the victim F five times a week, and took the face of the victim G(19 tax) who restrains the victim's face twice a week.

As a result, Defendant A took twice the victim F face as drinking, and took the victim G face one time as drinking, and Defendant B took the victim F face three times as drinking. Defendant B took the victim F face three times as drinking, and b took the two arms of the victim F.

As a result, the Defendants jointly with C and inflicted injury on the victim F, such as the breath of the breath in need of treatment for about 28 days, and the Defendant A assaulted the victim G in collaboration with C.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Investigation report (verification of CCTV screen images) and investigation report (verification of CCTV screen images in Epics);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, 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 20(1) of the Criminal Act (the point of joint assault) and the selection of each fine

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

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and all of the sentencing factors indicated in the pleadings of the instant case, such as the Defendants’ age, sex, environment, family relation, motive and consequence of the crime, circumstance after the crime, etc., are considered.

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