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(영문) 인천지방법원 부천지원 2018.07.18 2018고정454
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A A shall be punished by a fine of KRW 3 million and by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On January 4, 2017, at around 23:40, the Defendants heard that they will walk along with the victim E (28 years old) before the drinking house called D main points located in Seocheon-si C, Seocheon-si, and misunderstanding that they want to walk to their own paths, thereby having caused a dispute with the victim E-working and vision.

피고인들은 위와 같이 말다툼을 하다가 피고인 B은 손바닥으로 피해자 E의 얼굴 부위를 때리고, 피고인 A은 피해자 F(29 세) 의 목덜미를 잡고 뒤로 넘어뜨린 후 발로 찼다.

계속하여 피고인들은 함께 손과 발로 피해자 G(34 세) 의 얼굴과 몸 부위를 수차례 때리다가 피고인 A이 이를 말리는 피해자 H( 여, 19세) 의 얼굴 부위를 발로 수차례 찼다.

As a result, the Defendants jointly inflicted injury on the victim G by jointly committing an injury, such as the normal heat, which requires a treatment for about 14 days, and put the victim H inside the right-hand side and the skin in need of treatment for about 14 days, and inflict injury on the victim E, such as cerebral typ, in which there is no one in need of treatment for about 14 days, and assaulted the victim F.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of each police officer concerning F, E, G, or I;

1. Each police statement made to H and J;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. The Defendants: 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 260(1) of the Criminal Act (the point of joint assault) and the selection of fines for each crime;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: the Defendants recognized the mistake of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

All the defendants are punished for the same crime.

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