Violation of the Punishment of Violences, etc. Act (joint injury)

A

Anndong case (prosecution), Yellow Finding (Public Trial)

January 31, 2020

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

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

1. Joint criminal conduct with Defendant B, Defendant A, and Defendant C D and E

피고인들은 2019. 3. 28. 03:00경 대구 수성구 F에 있는 'G' 음식점 앞 노상을 지나가던 중 피해자 H이 '뭘 꼬라보노 씨발놈아'라고 욕설을 하자 D이 피해자의 어깨를 밀어 넘어뜨리고, 계속하여 피고인들은 D, E과 함께 피해자를 주변 골목길과 대로변으로 끌고 가면서 피고인 B은 피해자의 머리채를 잡아당기고, 피해자의 몸통 부위 등을 발로 차고, 피고인 A은 피해자의 다리를 걷어차고, 피고인 C는 피해자의 얼굴과 몸통 부위 등을 주먹으로 때리고 발로 차는 등 피고인들은 주먹과 발로 피해자의 온몸을 수회 때리고, 그와 같은 과정에서 피해자를 바닥에 넘어뜨려 피해자에게 4주간의 치료를 요하는 좌안 안와벽 골절상을 가하였다.

As a result, the Defendants were injured by the victim in collaboration with D and E.

2. Joint criminal conduct with Defendant B, Defendant A, and Defendant C D, E, and I

The Defendants were under the restraint of the Victim J, who was in contact with the above H, and the Defendants were in contact with the victim B and E, and the Defendants were in contact with D, E, and I, with the victim and were in contact with the victim, and were in contact with the victim following the following drinking and the victim’s body was in contact with each other for three weeks, and were in contact with the victim.

Accordingly, the Defendants were injured by the victim in collaboration with D, E, I.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and H;

1. A written diagnosis of injury;

Application of Statutes

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

Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (Selection of Fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Park Jae-soo