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(영문) 인천지방법원 2014.12.05 2014고정3817
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

Defendant

A and B shall be subject to the above fines.

Reasons

Punishment of the crime

1. On April 21, 2014, at around 22:00 on April 21, 2014, the Defendants’ co-offenders of the Defendants: (a) at the F cafeteria in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) at the victim G (49 years of age) who drinks alcoholic beverages on the side, called “debately,” and (c) at the victim’s end; (b) at the victim’s end, the victim’s bath theory was defective; (c) the victim’s body and arms were attached to the victim’s body that prevents the victim from getting out; and (d) Defendant B her body attached the victim’s body so that the victim could not get out; and (d) Defendant A her b took her breath with the bridge, and her face and face part of the victim’s face was 5-6 times to drinking; and (d) when the victim’s face was 3-44 times to drinking.

As a result, the Defendants, in collaboration with D, committed an 21-day cliffal coordinate, which requires the victim to treat approximately 21 days.

2. Defendant A, at the same time and place as set forth in the above paragraph (1) above, assaulted Defendant A with flaps of h (58 years of age) the flaps of G, and twice the face part.

3. Defendant B, at the same time and place as set forth in the above Paragraph (1) above, taken a place where the victim H (58 years of age) Handphones in a Handphone, the Defendant destroyed the victim’s property by having a 278,900 won in repairing cost by setting a Handphone on the floor by shouldering the victim’s handphones.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol of G and H:

1. The application of written estimates, photographs of damaged parts, and written diagnosis of injury to statutes;

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

A. Defendant A: 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 each fine

B. Defendant B: 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 366 of the Criminal Act (the point of causing damage to property), and selection of fines, respectively.

C. Defendant C: Violence.

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