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(영문) 서울서부지방법원 2017.04.28 2017고단391

폭력행위등처벌에관한법률위반(공동상해)

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Defendants shall be punished by imprisonment for six months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 13, 2016, at around 03:35, the Defendants received from the victims who were in the same restaurant while drinking and smoking alcohol together in the “F cafeteria” located in Seodaemun-gu Seoul Metropolitan Government, the call that the Defendants would not smoke in the restaurant. Defendant A was satisfing once a part of the victim G (48 years old)’s drinking, and satfing the bat of the victim H (49 years old)’s head, and took part in the face one time.

Accordingly, the defendant B et al. was able to take the face of the victim H once.

On the other hand, the Defendants continued to take the head, face, and clothes of the Victim G in drinking.

Afterwards, the Defendants led the victim H and moved out of the above restaurant, sent the victim H’s face, body, etc. to the victim H’s face, body, etc. to the outside of the restaurant, and led the victim G’s face, body, etc. from outside of the restaurant due to their driving.

As a result, the Defendants jointly committed approximately six weeks of medical treatment to the victim H, and the victim G committed an unexploded face and loss in the number of days of medical treatment to the victim G.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution with respect to G and H;

1. Statement made to I by the police;

1. Application of the Acts and subordinate statutes to the suspect B and victims' photographs, death diagnosis certificates, and copies of medical records immediately after the crime is committed;

1. The Defendants: 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 choice of imprisonment for a crime

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of the community service order: The crime of Article 62-2 of the Criminal Act committed on the grounds of sentencing [the scope of recommendations] No. 1 of the general injury [the scope of recommendations] in the mitigated area (two months to one year), the punishment of a person who is not subject to special mitigation (including a serious effort to recover damage), or where considerable damage has been recovered. The crime of Article 62-2 of the Criminal Act committed on the grounds of sentencing [the scope of recommendation].