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(영문) 서울남부지방법원 2015.07.08 2014고단4502

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A and B shall be punished by imprisonment with prison labor for up to 800,000 won and by imprisonment for up to 4 months.

Defendant

A and B shall be subject to the above fines.

Reasons

Punishment of the crime

1. On September 21, 2014, around 02:50 on September 21, 2014, Defendant A and the Defendants sent two faces of the victim’s face to drinks and drinks from the victim C (the victim’s age of 25) before the mutual incompetence in Yeongdeungpo-gu Seoul Metropolitan Government.

Accordingly, the Defendants jointly assaulted the victim.

2. At the time and place specified in paragraph 1, Defendant C asserted the assault of the victim A (the age of 26) and the victim B (the age of 26) and sent the victim’s face to drinking, and followed the victim B’s entrance and face to drinking three to four times.

As a result, the defendant abused victims, thereby causing injury to the victim B, such as an injury to the complex of bad credit, which requires approximately six weeks of medical treatment.

Summary of Evidence

[Fact 1]

1. Each legal statement of the defendant A and B

1. C’s legal statement;

1. Each protocol concerning the examination of the suspect against the defendant A and B (limited to the defendant A);

1. Protocol concerning suspect interrogation of C;

1. Each written statement prepared by the defendant A, B, and C;

1. On-site departure report [The defendants A, B, and defense counsel asserted that the above defendants were not assaulted by the victim C. However, the victim C's consistent statements at investigation agency and this court that the above defendants were assaulted by the above defendants, and each statement consistent with the above facts charged by the prosecutor's office (any statements at this court concerning the background leading up to the reversal of the statements by the defendants do not have any easy understanding by itself, and the evidence duly adopted and investigated by this court, such as the statement at the police station of the defendant A that there was an assault by the other party, and the following circumstances recognized thereby. At the time of the dispatch of the police officer, the victim C was seated on the floor with a fluened state and flaged by the victim C, and the face was flagd by the defendant B.