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Reasons
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(영문) 부산지방법원 2014.07.24 2014고정271
폭력행위등처벌에관한법률위반(공동상해)
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The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. At around 23:30 on June 8, 2013, the Defendants, along with F, had completed meals at the “I” restaurant operated by H located in the Busan Dongdong-gu, Busan, on the grounds that H demanded the payment of the fee for viewing by Defendant A’s children. Accordingly, the victim J (40 years of age) who operated the restaurant in front of the I restaurant was able to report it. Defendant A, B, “I will see that I will see that I will see,” and Defendant A, and B, “I will see if I will see, I will see, I will see,” and Defendant C will take the head of the victim’s head on a flab, and F will take food when I can see the victim’s head on a flab, and Defendant D had the victim on a flab, and Defendant D had the victim on a flab.

As a result, the Defendants jointly with F and inflicted injury on the victim, such as cerebral leys, which requires medical treatment for about three weeks.

2. At the time and time set forth in paragraph 1, Defendant K used the victim’s Ha (n, 54 years old) head Ha in front of the said I cafeteria, thereby harming the victim.

Summary of Evidence

1. Each legal statement of the defendant A and B

1. Each legal statement of the witness H, J and L;

1. Police suspect interrogation protocol against J;

1. Each police statement of H, L, or M;

1. Investigation report (on-site visit situations and accompanying photographs, etc.);

1. Investigation report (Attachment of suspect J upper part and tear clothes);

1. Investigation report (investigation of violence against D by a suspect);

1. Investigation report (to attach a written diagnosis of injury of a suspect);

1. Application of the Medical Certificate of Injury, each of the Acts and subordinate statutes;

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

A. Defendant A, B, and C: Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of each fine

B. Defendant D: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 260(1) of the Criminal Act (the point of violence), the selection of fines, etc.

1. Defendant D among concurrent crimes: Criminal Act.

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