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(영문) 의정부지방법원 2017.10.19 2016고정1933
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant and C and D (each of the same days of non-detained trial) were to undergo a test on January 3, 2016 on the ground that the Defendant and C and D (each of the same day of non-detained trial) were drinking together at the “F” drinking house located in Namyang-si E on January 3, 2016.

이에 C은 위 술집 옆 H 미용실 앞 노상에서 주먹으로 피해자의 얼굴을 1회 때린 후 곧이어 위 술집 건물 안 복도에서 손으로 피해자의 멱살을 잡아 밀치고 발로 걷어찼고, 이에 합세하여 D은 손으로 피해자의 가슴을 밀쳤고, 피고인은 피해자를 발로 걷어찼다.

As a result, the Defendant, in collaboration with C and D, inflicted injury on the victim, such as an inner gate, which requires approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness I, G and J's respective legal statements, and the witness K's statements in the third public trial records;

1. A protocol prepared by the public prosecutor with regard to C, a protocol prepared by the police for the examination of suspect C, D, or L (including the protocol twice) and a statement prepared by the police with regard to K;

1. Two copies of a photograph of assault damage, a written diagnosis of injury, each investigation report (as regards the ctV analysis content, with respect to CCTV content), a photograph of the ctv page, and a CCTV image CD;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)1 of the Criminal Act; Article 257(1) of the Criminal Act; the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act, the defendant and his defense counsel asserted that there was no fact that the defendant gave rise to the victim as stated in the facts charged in this case, and thus, there was no fact that the defendant inflicted injury on the victim jointly with C and D.

The following circumstances, i.e., the evidence duly adopted and examined by this Court:

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