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(영문) 인천지방법원 2020.04.17 2019고정2248
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around 18:30 on May 23, 2019, the Defendants’ co-offendered Defendants were in the middle-gu Incheon Metropolitan City, the victim E (the 56-year-old age) and the elderly customers’ attraction. However, Defendant A took a bath for the victim, and Defendant B took a part in the victim’s head. Defendant B took part in the bath.

As a result, the defendants jointly put about about 14-day medical treatment to the victims.

2. Defendant B, at around 16:00 on June 2, 2019, at the place described in paragraph (1) at around 16:0, the Defendant destroyed the victim’s scam which requires approximately two weeks of medical treatment by breaking the victim’s shoulder with both descendants.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A statement concerning the police interrogation protocol as to B that "the husband (Defendant A) sent heavy water to him/her in his/her hand" among the police interrogation protocol as to B

1. The medical certificate and the medical certificate of injury (the defendant A merely prevented the victim who was the head of his/her towards himself/herself, and the defendant B did not have any fact at all when he/she was the victim. However, according to each of the above evidences, the defendants' facts of assaulting the victim jointly and causing bodily injury and the fact that the defendant B inflicted bodily injury by threatening the victim. Thus, the defendants' arguments are not accepted) are applied to the law.

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act;

(b) Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury and the choice of fines) and Article 257(1) of the Criminal Act (the point of injury and the choice of fines)

1. Defendant B among concurrent crimes: the former part of Article 37 and Article 38(1) of the Criminal Act.

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