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(영문) 대전지방법원 천안지원 2018.08.17 2018고단991
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by a fine of four million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. On January 13, 2018, the Defendants violated the Punishment of Violences, etc. Act (joint injury) 04:30 on a taxi platform in the front of the D Age Club located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and Defendant E (24 years) took time off the left part of the victim E on the ground that the victim E (24 years old) and the snow is bad, and Defendant B met the body of the victim E by drinking.

As a result, the Defendants jointly inflicted an injury on the victim E, such as an open room around the snow that requires approximately three weeks of treatment.

2. The Defendants in violation of the Punishment of Violences, etc. Act (joint assault) showed the date and time, place, victim F (26 Do) and victim G (25 Dose)’s fighting on the ground that they were fighting, Defendant B, in drinking, flicked the victim F’s face one time, and Defendant A, with both hands, flicked the victim G’s timber and flicked the flat.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the police officers in relation to E and H;

1. Each police statement made in relation to I, F, and G;

1. Application of the Acts and subordinate statutes of injury diagnostic certificate (66 pages of investigation records);

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the same Act concerning the selection of each punishment, 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 260 (1) of the Criminal Act (the point of joint violence) and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for each of the instant crimes are as follows: (a) the background and contents of each of the instant crimes; and (b) the fact that, even after the dispatch of the first-aid crew members, the Defendants’ violent actions continued, etc. are not easy; (c) the fighting match was fighting from the victims who were assaulted by the Defendants; and (d) the said case was on the one hand.

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