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(영문) 창원지방법원 진주지원 2013.06.12 2012고정548
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

The sentence for B shall be suspended.

Defendant

A shall be innocent.

Reasons

Punishment of the crime

1. Defendant B violated the Punishment of Violence, etc. Act (joint injury) is found in G cafeteria operated by the victim A (n't, 40 years of age) at the Jinju-si around April 28, 2012, along with D and E, who are one of his sons, and the victim has the face of the victim He and the wind, who is the husband of the Defendant B. The Defendant is able to take the face of the victim on his hand, take the head and face of the victim on his hand. D is able to take the head and face of the victim on his hand, and D is able to take the head and face of the victim A on his/her hand, and the victim's face is tightly closed, and E is able to take the victim's face by his/her hand.

As a result, the defendant, together with D and E, inflicted injury on the victim A, such as 28 days' left-hand side 5 and 6 cage cages.

2. Violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) Defendant B, along with D and E, filed a verbal report to be done for women in the above G restaurant room at the same time and at the same time, caused water to be supplied to the victim’s cafeteria, so that the repair cost would be 1.8 million won, and two parts of the market price owned by the victim in the above restaurant were collected at the end of 200,000 won.

Accordingly, the defendant damaged the victim's property in collaboration with D and E.

Summary of Evidence

1. Defendant B’s legal statement

1. Each police suspect interrogation protocol against A;

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

1. Article 2 (2) and (1) 3 of the relevant Act on the Punishment of Violences, etc., Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence is against the defendant, and the defendant is the first offender, and the victim is the defendant's wife.

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