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(영문) 서울동부지방법원 2014.10.15 2014고단2691

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2014, at around 02:24, the victim D was a bad person in the front of Gangdong-gu Seoul Metropolitan Government, for the reason that the victim D would be judged as a bad.

Defendant

A은 손바닥으로 피해자의 뺨을 1회 때리고, 주먹으로 피해자의 얼굴을 1회 때리며, 주먹, 무릎 및 발로 바닥에 쓰러진 피해자의 온 몸을 수회 때리고 걷어찼다.

Defendant

B는 피해자가 피고인에게 달려들자 피해자를 붙잡아 밀치고, 주먹으로 피해자의 얼굴을 수회 때리며, 발로 피해자의 온 몸을 걷어찼다.

As a result, the Defendants jointly inflicted an injury on the victim, such as the alphical tension that requires treatment for about 8 weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D, F, G, and H;

1. Photographs of the victim's face;

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

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act

1. Consideration, such as the reason for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending sentence) (the grounds for sentencing under Article 62 (1) of the Act on the Suspension of Execution (the scope of recommending sentence) and the reason for sentencing under Article 62 (1) of the Act on the Suspension of Execution (the fact that there are no criminal records for a suspended sentence or a heavier punishment), the mitigation area (two to one year) [special mitigation]