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(영문) 제주지방법원 2015.04.17 2014고정978
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A around 20:50 on January 26, 2014, from the "E" restaurant operated by the Defendant on Jeju City, around 20:50, at the victim F (the age of 42) who entered into the customer, demanded that "the victim F (the age of 42 has been the closing time of business." The victim expressed his/her complaint, which led to the occurrence of a conflict with the victim, and then he/she satizes the victim's face, and satisfe the victim's face, and the defendant B, who is the offender A, was also punished by the defendant B, was satfling the victim's bat, and was faced with the victim's face.

As a result, the Defendants jointly inflicted injury on the left side of the victim, such as snow booming, snow booming, etc., which requires about six weeks of treatment.

Summary of Evidence

1. The witness F, G and H’s partial statement in court;

1. Some police interrogation protocol against the Defendants

1. The police statement concerning G;

1. A medical certificate;

1. Determination on the assertion by the Defendants of the photograph, CD image, and their defense counsel

1. The Defendants asserted to the effect that they did not inflict any injury on the victim due to an act of violence as described in the facts charged, and that the victim would do harm with the pent, but according to the above evidence, witness H and I’s legal statement, even if based on the above evidence and witness H and I’s legal statement, the victim suffered the victim’s knife knife and knife, and the victim suffered any injury as a result of the gnife diagnosis immediately after the instant case, and the victim did not have any contact with the victim on the spot of the instant case, and there is no other contact with the victim on the part of the third party, the charges can be sufficiently recognized.

Furthermore, as long as the Defendants used violence as above between the victim and the victim, it cannot be deemed that the Defendants were aware of the fact that they could be injured by face, eye, etc., or that such act was not intended, and the facts charged cannot be recognized.

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