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(영문) 서울동부지방법원 2015.12.30 2014고정629
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

Defendant

A and C fail to pay the above fine, respectively.

Reasons

Punishment of the crime

Defendant

A and C have worked as a resistant clothes (one tamper) seal at the site of new G construction works in the Republic of Africa, executed by E, and the victim H is a person who worked as a waterproof leader at the same construction site.

Defendant

A and C, around 20:40 on January 26, 2013, at the rest adjacent to the dormitory of the above G G G site, on the grounds that Defendant C and the victim were not satisfing with the victim due to the fact that the victim was satisfing, the Defendant C and satisfed with the victim and satisfy with the victim.

Defendant

A sets up this, the defendant A and C were sent back to several telegraphs, such as the victim's face, arms and legs, etc., by drinking and spawn together.

As a result, the defendant A and C jointly put about an inner part that requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. Legal statement of a witness I;

1. Statement made by a witness H in the fourth trial record;

1. Statements made by witnesses C and A in the sixth trial records (the purport that a person who first appears at the site after a fighting disaster between the defendant C and the victim is the defendant A);

1. The police statement of H;

1. An investigation report (Attachment to a written judgment on an accused's personal injury with a deadly weapon);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on standing photographs;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (Selection of Fines) shall apply to the relevant criminal facts and the choice of a sentence;

1. Defendant A and C in the custody of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Judgment as to the assertion by the Defendant A, C, and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Details of the assertion;

가. 당시 술에 취한 피해자가 의자에 앉아 쉬고 있던 피고인 C를 찾아와 다짜고짜 죽이겠다며 커터칼을 휘두르는 과정에서 피고인 C가 왼쪽 어깨에 커터칼을 맞게 되었고, 피고인 C는 커터칼을 든 피해자의 손을 잡고 몸싸움을 하면서 뒹굴게...

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