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(영문) 대구지방법원 안동지원 2013.06.13 2013고단197
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 1 and 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant B: (a) around 03:50 on March 2, 2013, at the parking lot for “E” located in D at permanent residence, Defendant B, on the ground that the victim F (20 years of age) was not a speech to disregard A, the Defendant 2-3 times at the floor of the victim’s hand, 2-3 times at the victim’s bucket, the victim spacks the victim’s spackbuck in one time due to the victim’s appearance beyond the floor, and then, (b) caused the victim’s injury, such as an unknown brain spacks, which requires the victim’s treatment for about two weeks, by gathering the stone of drinking size, which is a dangerous object on the floor, and (c) making the part of the victim’s head unspacking.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. At the same time, Defendant A, on the ground that the above victim F was not the victim’s speech to disregard the Defendant at the bar of “E” as seen in the preceding paragraph, she saw the victim as the victim’s face by leaving the above parking lot, and 10 times the victim’s face was taken by drinking, and she started the victim’s face as described in the preceding paragraph, and she she was flicked with the victim, and she flicked the victim, and she flicked the victim’s arms on several occasions, thereby causing the victim’s injury as referred to in the preceding paragraph.

Accordingly, the defendant, together with the above B, injured the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) (Selection of Fine) of the Criminal Act, Defendant B: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 1 of the Criminal Act, Article 257 (1) 3 of the Criminal Act;

1. Discretionary mitigation of Defendant B: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2007

1. Defendant A with detention in a workhouse: Articles 70 and 69(2) of the Criminal Act.

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