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(영문) 대구지방법원서부지원 2020.09.18 2019고단3419
폭력행위등처벌에관한법률위반(공동상해)
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. On July 25, 2019, around 20:45, Defendant A assaulted the victim by drinking alcohol together with the victim E (59 years of age and inn) in the “D” restaurant located in Seogu Daegu-gu, Daegu-gu, Daegu-gu, as well as drinking alcohol.

2. On July 25, 2019, Defendant A calls to Defendant B for a violation of the Punishment of Violence, etc. Act (joint injury) around 22:05, and finds the victim in the “G” restaurant located in the Daegu Western-gu, Daegu-gu, while Defendant B met with Defendant B, and finds the victim, Defendant B heard the victim’s face at one time with the victim’s head, breaking the victim’s head, and in combination with Defendant A was scambling the victim’s head.

As a result, the Defendants jointly inflicted bodily injury on the victim, such as the impairment of the character of head and other parts requiring medical treatment for about two weeks.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the Defendants’ respective legal statements E, report on the occurrence of a police statement (Assault) and report on the investigation (Submission of a victim’s diagnosis report)

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

(a) Defendant A: Article 260(1) of the Criminal Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of each fine;

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines

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

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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