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(영문) 서울동부지방법원 2015.10.08 2015고단643

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On September 20, 2014, at around 12:05, the Defendants conspired to purchase tobacco at the “E convenience store” located in Songpa-gu Seoul, Songpa-gu, and caused F-gu dispute with F-gu employees, thereby misunderstanding that F-B would have attempted to make an account first from the victim G (the age of 33) who was waiting for the calculation of drinking water, and Defendant A received the face of the victim by head, Defendant B was faced with the victim’s face, and Defendant B continued to go beyond the victim’s face and body with the victim’s face and body as a convenience store. The Defendants continued to inflict an injury on the victim, i.e., taking about four weeks back the right side of the victim’s face and body as a convenience store.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police suspect interrogation protocol of H;

1. The police statement concerning G;

1. A written statement;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on closures;

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with prison labor, and the selection of a criminal sentence

1. Defendants in the suspended sentence: Defendant A [the scope of recommending sentence] for the reason of sentencing under Article 62(1) of the Criminal Act; Defendant A [the scope of recommending sentence] for the purpose of sentencing under Article 62(1) of the Criminal Act; Defendant B [the scope of recommending sentence] for Defendant B [the scope of recommending sentence] who is not subject to general injury] under category 1 (general injury) and the basic area (4-1 year and 6 months) [the scope of recommending sentence] under Article 62(1) of the Criminal Act; Defendant A made a criminal agreement with the victim; Defendant A was the first offender; Defendant B was the front offender; Defendant B was the front offender; Defendant B was the front offender; Defendants’ age and experience of the Defendants; and all circumstances revealed in arguments such as family relations.