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(영문) 부산지방법원 2017.11.22 2016고단4882
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around 03:20 on March 6, 2015, the Defendant: (a) at the main point of “E” located in Busan, Jin-gu, Busan; (b) at the time when the victim F (25 years old) and a dance hall (hereinafter referred to as “stheme”) located in the main point, the Defendant came to know that the victim of mail was seated on the Defendant’s side table; (c) he found the victim of mail as he was seated with the victim’s face, body part, etc. at the time of drinking and the body part of the victim; and (d) when the victim was able to receive approximately eight weeks of treatment due to drinking and launching, the Defendant sustained the victim’s injury, such as inside the mouth, mouth, and flabing the body part of the victim.

As a result, the defendant injured the victim jointly with his name influences.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witnesses G, H, I, J, F, K, and L (Provided, That with respect to witness G, H, I, and L, some legal statement);

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to the prosecutor by the J;

1. The protocol of interrogation of each police officer against the accused or L (including the part concerning J and F statements);

1. Each police statement made to G, H, I, J, F, and K;

1. Each investigation report (Evidence Nos. 2, 3, 7 through 11, 22, 26, 28, 37, 38, 47, 47, 48, 50, 54, 56, and 65 of the evidence list), claims by the accused and the defense counsel, such as CDs, CCTV photographs, victims' photographs, injury diagnosis certificates, CCTV video CDs, medical expenses receipts, etc.;

1. The defendant asserts to the effect that, while the club was danced on the day of the instant case, the costs had been incurred by the victim and the shoulder. However, the defendant asserts to the effect that, after his/her position, tobacco did not have been smoked in the club, and that there was no fact at the time of the victim.

2. Comprehensively taking account of the evidence in the judgment, the following circumstances revealed, and ① the Defendant was faced with the victim and shoulder while dancing at a club, and the instant assault occurred thereafter, and the Defendant was inside the club.

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