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(영문) 서울북부지방법원 2017.04.13 2016고단5821

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A’s imprisonment with prison labor for a period of eight months, and that of Defendant B’s punishment for a fine of three thousand won.

Defendant

B A. A fine.

Reasons

Punishment of the crime

On October 16, 2016, around 12:05, the Defendants were in the front way of Seoul Jung-gu, Seoul Central Government, on the following grounds: (a) Defendant A and E (the age of 51) who got phone from Defendant B, were in conflict with each other; and (b) Defendant B was in conflict with each other; (c) Defendant B was in good faith, and Defendant A took the face of E several times in drinking.

For this reason, E suffered from the top, such as tearing.

The Defendants jointly inflict bodily injury, such as tearing, etc. of a draft that could not be known to the victim E, in common.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. Application of the photographic Acts and subordinate statutes;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and determination of punishment under Article 62-2 of the Criminal Act on community service order;

1. Recommendation type of sentencing criteria: One year from two months of imprisonment (Defendant A);

2. Determination of punishment: The defendants recognized the defendants' mistakes and was under the influence of alcohol.

It seems that there is no significant measure, and the victim does not want punishment.

The Defendants’ criminal records (Defendant A: 2 times of suspended sentence of imprisonment, 5 times of fine, and 2 times of fine) and the circumstances in which Defendant A was under suspended sentence shall be taken into account.