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(영문) 서울남부지방법원 2017.09.08 2017고단3247

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

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

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Criminal facts

On April 27, 2017, at around 23:20, the Defendants did not observe the order of the victim E (40 years) in front of the 1st commercial road located in Guro-gu Seoul Metropolitan City ro 661, and the Defendant A was boarding the taxi first, and Defendant B was able to live in the victim’s breath with his hand, and she was able to take the back of the victim’s back by hand, leading the victim to the delivery, while Defendant B was able to take the back of the victim’s back by hand at approximately five times on the back head of the victim’s back, and Defendant B was able to take approximately two times on the back head of the victim’s back by hand.

계속하여 피고인들은 피해자를 푸르지 오 상가 옆 이면도로까지 끌고 간 다음 멈춰 서서 주먹으로 피해자의 얼굴 부위를 수회 때려 피해자가 바닥에 넘어지자 피고인 A은 피해 자의 위로 올라타서 주먹으로 피해자의 왼쪽 턱 부위를 1회 때리고 피고인 B는 발로 피해자의 우측 눈 부위를 1회 걷어찼다.

As a result, the Defendants jointly committed an injury to the victim, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A written diagnosis of injury to E;

1. Application of statutes on site photographs;

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime

1. Defendants subject to suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below);

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of the recommended punishment] is that the basic area (the person subject to special sentencing between April and January 6) (the person subject to special sentencing) serious injury (the factors subject to aggravated punishment), the amount of punishment not to be imposed (the factors to be mitigated, the defendants paid the victim KRW 19 million to recover damage, and the victim prepared a written statement that he/she does not want to punish the Defendants and submitted it to the court.