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(영문) 서울중앙지방법원 2015.04.09 2014고정4963
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A and B shall be punished by each fine of KRW 3,000,000.

Defendant

A and B do not pay each of the above penalties.

Reasons

Punishment of the crime

Defendant

A and B, around 21:00 on September 15, 2014, after drinking alcohol at G restaurant located in Seocho-gu Seoul Metropolitan Government F, and going against H (the former name: I) who is an employee of the said restaurant, and as a result, the victim C (the 36-year-old) who was an employee of the said restaurant and the Si guard, and the defendant A sold the victim's face to drinking, and the defendant B her drinking the victim's neck by driving away from the victim.

As a result, Defendant A and B assaulted the victim in common, thereby causing bodily injury to the victim, such as light flag, which requires approximately 14 days of treatment.

Summary of Evidence

1. Each legal statement of witness C and H;

1. A written diagnosis of injury to C;

1. Application of C’s photographic Acts and subordinate statutes;

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

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

1. Defendant A and B of the provisional payment order: The portion not guilty under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged against Defendant C is as follows: (a) the victim A was pushed with the victim A, etc. at the time and place indicated in the facts charged as indicated in the judgment; (b) the victim A was charged with selling and selling his arms and necked from drinking water; (c) the victim B (the victim B) was frighting with the neck of 48 years old, thereby causing injury to the victim A, such as heart bed and fright, which requires treatment for about 14 days; and (d) the victim B suffered injury to the victim B, such as fright dump, which requires treatment for about 14 days.

2. Among the evidence submitted by the Prosecutor, the evidence presented by the Prosecutor as evidence that corresponds to the facts charged against Defendant C is indicated as ① the witness A and B’s each legal statement, ② the police interrogation protocol of the suspect interrogation protocol on A and B, ③ the written statement of the suspect interrogation protocol on A and B, but not only the witness H, H, and J’s each legal statement on the spot at the time of the occurrence of the case.

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