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(영문) 인천지방법원 2018.12.19 2018고단6530
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[Criminal Records] On May 3, 2018, the Defendant was sentenced to the suspension of the execution of two years, observation of protection, and lecture of alcohol treatment for forty hours at the Incheon District Court on June, 2018, and the above judgment became final and conclusive on the 11th of the same month.

[Criminal facts] On August 3, 2018, around 02:10 on August 3, 2018, the Defendants drinking alcohol at the main points of Seo-gu, Incheon, Seo-gu C, 2, D'D', and Defendant A, first of all, was the victims who ever worked in another table, and became the victims' walk and ditches.

During that process, Defendant B, by hand, pushed the body of the victim E (23) with the face of the above victim at one time, took the face of the victim F (23 years) who was in drinking. Defendant A, as a drinking, took four times the face of the victim E, followed by drinking, followed by the victim’s face at four times. Defendant B continued to take the victim’s head debt, and Defendant B took the face of the victim’s head debt at one time, and Defendant B took the face of the victim’s head debt at one time by hand, and Defendant B took the face of the victim’s her head debt at one time by Defendant B.

As a result, the Defendants jointly committed the injury to the victim E, such as the impairment of the character of head and other parts requiring a two-day medical treatment, the injury to the scambry, etc., the injury to the victim F and the victim G, each of which requires two-day medical treatment, and the injury to the scambry and the scambry, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement protocol with respect to E and G;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes governing photographs and CCTV images CDs;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines, and each selection of fines, as to the crimes under the relevant Article of the Act;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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