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(영문) 대구지방법원 상주지원 2018.04.24 2017고정118
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of five hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On February 8, 2017, at around 01:00, the Defendants were in sight at the main point of “F” in the operation of Defendant A, located in the Yancheon-gun, Chungcheongnamcheon-gun, for the reason that the Defendants had been drinking once in the victim G (30 years of age) who had been a guest, on the ground that he had been drinking once in the part of the victim G (30 years of age). Defendant A had the victim’s head and face fat, and had the victim’s head and face fat, and Defendant B, who is a person living with A, had the victim’s head and face fat.

As a result, the Defendants jointly assaulted the victim about two weeks of treatment, such as the impairment of the face of necessity for treatment, and the injury of the following arms straw, etc.

Summary of Evidence

1. Each legal statement of a witness G, H, I, and J;

1. A protocol concerning the examination of each police officer in relation to G;

1. Statement made by the police to G, H, J, and I;

1. Each internal investigation report (Nos. 3, 6, and 8 of the evidence list), each investigation report (No. 14, 15, 17, 19, 20, 22, and 23 of the evidence list);

1. As to the request for the issuance of each statement of opinion, the Defendants and the defense counsel shall claim that there exists only the fact that they are against the injured party and that there is no fact when the injured party was involved

However, the statements made by the victim G investigative agencies and the statements made by this court under the victim G investigative agencies that they suffered injuries from the Defendants during the process of drinking alcohol with the Defendants, and leaving the main points of drinking, are consistent and solid enough.

Considering the face photographs, etc. of the victim taken after the case, it seems clear that the victim was assaulted by someone at the time.

In addition, those who had drinking together at the time engaged in acts that can be seen as broad meaning assault to the victim.

(H, I), and the Defendants made clear that they were at the time when they were injured.

(J) The statements are also reliable and supported by the victim's statements.

Defendants and defense counsel shall not be accepted.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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