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(영문) 서울남부지방법원 2012.12.26 2012고단3913

상해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:00 on August 11, 2012, the Defendant injured the victim E (the age of 25) who had drinking alcohol with D, etc. around C points in Guro-gu Seoul, while drinking alcohol, and had a beer disease towards the Defendant’s seat, and caused the Defendant’s injury, such as cutting off and closing down the two-way floor to the right-hand side in need of approximately six weeks of treatment.

2. Violation of the Punishment of Violences, etc. Act (joint assault) (joint assault) the Defendant took the head of E (26 years of age) the victim F (26 years of age) who follows the above assault at the above time and at the above time and place, knee, knee, knee, and D, the Defendant’s daily behaviors, knee, took the face of the victim on his/her hand.

Accordingly, the defendant assaulted F in conjunction with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of joint assault and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act of the suspended execution (including the fact that the defendant has no record of criminal punishment and deposited money for victim E);

1. Social service order under Article 62-2 of the Criminal Act;