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(영문) 서울중앙지방법원 2015.03.26 2014고단10147

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

피고인은 2014. 8. 1. 03:30경 서울특별시 종로구 종각역 9번 출구 앞길에서, 함께 걸어가던 지체3급 장애인 E과 피해자 F(25세)이 서로 부딪쳐 말다툼을 하던 중 위 E은 손바닥으로 피해자의 가슴을 1회 밀치고, 이에 합세하여 피고인은 주먹으로 장애인인 E에게 욕설을 한 피해자의 얼굴을 수회 가격하고 계속하여 쓰러진 피해자의 얼굴과 몸통을 발로 수회 걷어찼다.

As a result, the Defendant, together with E, inflicted bodily injury on the victim, such as double fladism and fladism, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of the E, G, H, and F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment as set forth in the order shall be determined by comprehensively taking into account all the circumstances, including the following: (a) a contingent crime with the sentencing of Article 334(1) of the Criminal Procedure Act; (b) a victim cannot be deemed to have been committed in the course of vision that became the foundation of a fighting match; and (c) a defendant has made efforts to find a victim several times to reach an agreement but failed to reach an agreement; and (d) a defendant deposited 50 million won and made maximum efforts to recover from damage.