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(영문) 서울중앙지방법원 2017.02.09 2016고정1217
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A and C shall be punished by a fine of 4,000,000 won, and Defendant B shall be punished by a fine of 1,500,000 won.

The Defendants respectively.

Reasons

Punishment of the crime

around 02:10 on October 10, 2015, the Defendants, while drinking alcohol at the Gwanak-gu Seoul Special Metropolitan City E and F’s head office, disputed between Defendant B and A, and during that process, destroyed the said head office fixtures.

On the ground that the Defendants demanded compensation for the said damage G (41) as the owner of the said head-line business, Defendant C took the face and body of the victim in drinking, and Defendant C prevented the victim from resisting by attaching the victim during the course of assaulting the victim, and Defendant B also corrected ex officio to the extent that there is no impediment to the Defendant’s defense, such as taking the victim’s desire to the victim, and showing the status of the victim.

In this regard, he participated.

As a result, the Defendants jointly inflicted an injury on the victim, such as a dushe, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G and H;

1. Statement of the police statement related to G;

1. On-site photographs and a written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing violence video CDs;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016; Act No. 257(1) of the Criminal Act regarding criminal facts

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

1. Parts of the crimes under Article 334 (1) of the Criminal Procedure Act, of the provisional payment order;

1. The summary of the facts charged is as follows: Defendant C demanded compensation for the damage to the victim G (41) who is the owner of the above head office as shown in the facts charged; Defendant C took the face and body of the victim in drinking, and Defendant A prevented the victim from resisting by putting the victim while assaulting the victim; Defendant B also took the victim into line with the above facts.

2. As to the part of Defendant B’s judgment that “the victim was able to drink by combining it,” the Health Unit; and

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