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(영문) 서울중앙지방법원 2021.02.17 2020고단8284

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendants shall be punished by imprisonment for up to eight months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2020, at around 01:40 on the same day, Defendants 1 and 2, 2020, walked a way near Gwanak-gu in Seoul Special Metropolitan City, and 30 years old, and walked with one another, such as the victim D ( South, 30 years old), victim E ( South, 28 years old) and the victim E (North, and 28 years old). Defendant B led victims to assault, and Defendant B obstructed the victim E who attempted to restrain it.

이어 피고인 B는 피해자 E에 돌아와 피해자의 목을 잡아 바닥에 넘어뜨리고 얼굴을 1회 걷어찼고 이후 일어서려는 피해자를 수차례 넘어뜨리거나 벽에 밀쳤으며, 피고인 A은 이를 보고 제지하려 던 피해자 D의 목을 졸라 바닥에 쓰러뜨린 후, 발로 1회 걷어찬 다음 피해자의 휴대전화를 빼앗아 이를 벽에 집어던져 부수고, 피해자가 휴대전화를 돌려 달라고 하자 피해자에게 달려들어 주먹으로 피해자의 얼굴을 1회 때리고 충격으로 실신한 피해자의 얼굴을 발로 1회 걷어찼다.

As a result, the Defendants jointly inflict injury on the victim D, such as the mouth of each part of the river franchis that requires approximately six weeks of treatment, and the victim E’s side of each part of the front part of the chain that requires approximately two weeks of treatment. Defendant A damaged the victim D’s cell phone volume of KRW 1,063,00 for repair cost.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A written statement;

1. Reporting on occurrence (joint violence and damage to property);

1. A report on internal investigation (the reason why the written statement of the victim is not prepared);

1. On-site report (verification of CCTV images by the Control Center), - CCTV CDs;

1. Documents to be submitted by a counsel (additional accusation) - CCTV CD - Medical certificate, medical record - Written estimate

1. Investigation report (to hear statements by victims E or D telephone);

1. Investigation report (to hear statements by suspect A or B);

1. A report on internal investigation (to submit a written diagnosis of injury to one person, other than victim D), - a written diagnosis of injury (D), .