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(영문) 부산지방법원 2016.07.20 2015고단7376 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 20, 2015, the Defendant, along with C, D, and E, at the main point of “G” located in Busan, Busan, Busan, on October 10, 2015, and in relation to the misunderstanding of the victim H (19 years of age) as the main employee at the Defendant’s side, Defendant A was punished for trial expenses. Defendant A took the face, etc. of the victim H by drinking, and D took the face, etc. of the victim H by drinking and launching, and E and E were shaking the head debt of the victim I (20 years of age).

As a result, the Defendant, in collaboration with C, D, and E, assaulted the victim H and inflicted an injury upon the victim’s face to know the number of days of treatment by causing the victim’s bodily injury, and assaulted the victim I.

Summary of Evidence

1. Each legal statement of the defendant, C, D, and E;

1. A protocol concerning the examination of each police officer in relation to I, H and J;

1. A damaged photograph, investigative report (ctv's extraction), ctv photograph;

1. The application of Acts and subordinate statutes to each written diagnosis and an investigation report (Attachment of a medical certificate);

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, the relevant Act concerning the selection of a punishment, and Article 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury, the selection of fines), Article 2 (2) and Article 2 (1) 3 of the former Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault, the selection of fines)

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. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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