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(영문) 서울동부지방법원 2013.11.13 2013고단1818

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. On April 27, 2013, around 01:12, Defendant A: (a) at the entrance of “EM clubs” located in Gwangjin-gu Seoul Special Metropolitan City, Defendant A, on the ground that the victim F (the age of 51) who is the main of the said clubs did not properly engage in secondarying, Defendant A received F on several occasions and committed assault once again.

2. Defendant B, at the same time and place as above paragraph (1) above, had the victim G (the 48-year-old age) who is a water used to washe from drinking the face of the above G more than once, and suffered bodily injury, such as tearing the tear, etc., for about five weeks of treatment to the above G.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against Defendants and G

1. The police statement concerning F;

1. Each statement of H, I, and J;

1. Application of CCTV video CDs, each photographic statute;

1. Relevant Article of the Criminal Act and Article 260 (1) (Selection of Fine) of the Criminal Act: Defendant B: Article 257 (1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Suspension of execution (Defendant B) Article 62 (1) of the Criminal Act (including circumstances that may be considered in light of circumstances, the degree of violence is not serious, and the degree of his/her mistake is against each other);

1. Probation and community service order (defendant B) Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reason that Article 334(1) of the Criminal Procedure Act is not less than 334(1).