(영문) 대전지방법원 서산지원 2018.06.28 2017고정289

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2018.06.28 2017고정289

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendants are related to the Defendants, and victims D and E are self-consected.

On January 3, 2017, at around 23:40, the Defendants followed the “G main point” located in the Seosan City F, and followed the dispute between the victim D (the age of 32) and the toilet use in the air space, and Defendant B was spicked with the victim D face by spacking the victim D's head debt and spacking the victim D's face, and Defendant A took the victim's body and took the victim's face in drinking.

In addition, the victim E (I, I, 31 years of age) who entered the toilet and tried to fight the above Chapter and the defendant B, the victim E was sealed, and the defendant A was faced with the face of the victim E.

As a result, the Defendants jointly inflicted injury on the victim D, such as “damage to the fresh of ma,” which requires approximately two weeks of treatment, and inflicted injury on the victim E, such as “a fresh of the body of ducts and the body of ducts of the body of ducts,” which requires approximately four weeks of treatment.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Testimony of each part of witness D, E, H, and I;

1. A protocol concerning the examination of each police officer concerning D, E, H, and I;

1. Each injury diagnosis letter;

1. The application of the Act and subordinate statutes, on-the-spot photographs, field photographs, D, and E [the defendant Gap and his defense counsel asserted that the defendant Gap did not assault the victims because he did not fight between the defendant Eul and the victims, but in full view of the evidence submitted by the prosecutor including some testimonys of the witness D, E, H, and I, it is recognized that the defendant Gap committed violence against the victims, and thus the defendant Gap and his defense counsel's above assertion is without merit].

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of fines for negligence

1. The Defendants are subject to aggravated concurrent crimes, respectively.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

-형법 제257조 제1항

유사 판례

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