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(영문) 서울중앙지방법원 2016.11.01 2016고단5323

상해등

Text

Defendant

A In six months of imprisonment, Defendant B was punished by a fine of 2,00,000 won, Defendant C was punished by a fine of 3,00,000 won, and Defendant D.

Reasons

Punishment of the crime

피고인들은 2016. 6. 18. 01:00경 서울 강남구 F에 있는 ‘G식당’ 앞 도로에서, 피고인 A는 피해자 H과 말다툼을 하다가 피해자의 멱살을 잡아 바닥에 넘어뜨린 후 피해자를 수회 때리고, 이를 말리던 피해자 I을 주먹으로 수회 때리고, 피고인 B는 발로 피해자 I을 수회 내리찍고, 피고인 C는 주먹으로 피해자 I을 수회 때리고, 피고인 D도 발로 피해자 I을 걷어찼다.

As a result, Defendant A suffered injury to the victim H, such as the left-hand part of the entrance, which requires a medical treatment for about two weeks, and the Defendants jointly inflicted injury on the victim I, such as multiple pains that require a medical treatment for about three weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. The police statement of H and I;

1. Each statement prepared by H, I, J, and K;

1. CCTV images;

1. Application of Acts and subordinate statutes of each written diagnosis of injury to H and I;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injuring the victim H and the choice of imprisonment), Articles 2 (2) 3 and 257 (1) of the Punishment of Violences, etc. Act (the point of injuring the victim I and the choice of imprisonment);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “Defendant A”) is that Defendant A’s act of causing bodily injury to the victim H is highly likely to be subject to criticism, regardless of its circumstances.

In addition, Defendant A tried to continuously inflict harm on the victim H, and the crime of joint injury to the victim I who tried to conclude this was committed by Defendant A, leadingly exercising violence.

Defendant

C At first, the defendant A speaks the victim I.