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(영문) 부산지방법원 2016.10.20 2016고정1853
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

On August 10, 2015, at around 02:15, the Defendants avoided the victim’s face at 2-3 times as drinking, on the ground that when Defendant A reported a meltion at a female toilet at the above main place, the victim F (F. 19 years of age) took the name of her natives and took the door at the above main place where her working alcohol was performed.

Defendant B had been spited on the chest of the victim at the toilet from Defendant A, and Defendant A had been spited on the chest of the victim, and Defendant B had been spited by spiting the victim’s hair, spiting the head debt, and Defendant B sustained the victim’s face with his hand, resulting in an injury such as a 28-day spite, spite, spite, and satching around the malicious b8-day therapy.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ partial statement

1. F's statement of the suspect interrogation protocol of Defendant A by the prosecution

1. Statement by the prosecution concerning G and H;

1. Statement of the police officer to I;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing body photographs;

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

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

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendants and their defense counsel asserted that Defendant A did not commit any bodily harm by assaulting the victim with Defendant B at the time and place specified in the facts charged.

However, according to the evidence adopted earlier, at around 02:15, August 10, 2015, Defendant A had 2 to 3 faceed with the victim at a female toilet at the instant main place, and Defendant B.

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