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(영문) 서울서부지방법원 2012.11.21 2012고정784

폭력행위등처벌에관한법률위반(공동상해)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 7, 2011, the Defendant: (a) around 03:27, while drinking alcohol in Seodaemun-gu Seoul Metropolitan Government, and then drinking alcohol in Seodaemun-gu, the Defendant assaulted the victim D’s face by drinking alcohol with each other; (b) the said victim’s Defendant and H, along with the victim E, going beyond the victim’s face by putting the victim’s d, E’s head debt, making the victim’s face up, making the victim’s face back, and drinking by drinking; and (c) H, by putting the less of the victim’s f’s f’s f’s f’s f’s f’s f, making it difficult to cut back the victim’s f’s f’s f’s f’s h.

As a result, the defendants jointly put the victim D's internal part of the treatment days in mind, and the victim E's internal part of the treatment days in mind, and the victim F's internal part of the treatment days in mind.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness D and F;

1. A E-document;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of victims);

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc.

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (see, e.g., Article 59(1) of the Criminal Code (that there was no criminal record for the defendant, that the defendant was involved in the crime of this case at first time with the victims, that the degree of injury of the defendant is serious, and that there was an agreement with the victims). However, the defendant's judgment on the argument of the defendant and his defense counsel did not have any assault the victims. However, in this Court, the victim F consistently stated that the defendant was assaulted by three persons including the defendant, and the victim D was also subject to assault.