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(영문) 서울남부지방법원 2013.08.30 2013고정2333

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 700,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. 피고인들의 공동범행 피고인들은 2013. 3. 14. 00:50경 서울 강서구 D 소재 ‘E커피숍’ 내에서, 피고인 A은 피해자 F(남, 19세)가 자신을 기분 나쁘게 쳐다본다는 이유로 상호 시비하던 중 피해자 F의 턱을 손바닥으로 올려 치고 피해자 F의 얼굴을 손바닥으로 때리고 커피숍 내에 비치되어 있던 얼음이 든 물통을 집어 피해자 F의 머리에 던지고, 피고인 B은 이에 합세하여 피해자 F를 잡아 당겨 함께 넘어뜨리고 피해자 F의 머리채를 잡고 주먹으로 얼굴을 수회 때리고, 피고인 C은 피해자 F의 머리 부분을 발로 걷어찼다.

As a result, the Defendants jointly inflicted an injury on the victim F in the medical examination and the head part of a part of a wooden part in which the number of treatment days cannot be known.

2. Defendant A’s sole criminal act committed by Defendant A, at the same time and at the above place, when the head part of Defendant A, such as the victim G (ma, 19 years old), was walking along to walk the part, such as the victim G (ma, 19 years old).

As a result, Defendant A suffered injury to the victim G by the medical diagnosis and head part of a part where the number of treatment days cannot be known.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol concerning F and G;

1. Application of the relevant Acts and subordinate statutes to suspect F damaged photographs, suspect G damaged photographs;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the first point at the time of sale, the selection of fines), Article 257 (1) of the Criminal Act (the second point at the time of sale, the selection of fines): Defendant B: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the selection of fines): Defendant C: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act

2. Defendant A from among concurrent crimes: the former part of Article 37 of the Criminal Act.