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(영문) 서울북부지방법원 2014.11.14 2013고단3233

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of seven million won, by imprisonment with prison labor of Defendant B, and by imprisonment with prison labor of one year and six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. The Defendants’ co-principaled Defendants, around 02:40 on September 8, 2013, face with the victim G (33 years old) and shoulder while walking along the paths in front of the Seoul Southernbuk-gu, Seoul, on the grounds that Defendant B was faced with the shoulder.

Defendant

B was taken by drinking the face of the victim G, and reported it to the victim E (31 years of age) and the victim H (33 years of age)'s face and body size were taken by drinking and drinking. The defendant A followed the victim's face and body size by drinking and drinking it to the victim G, the victim's face and body size were in need of approximately three weeks of treatment, and the victim E suffered from injury such as internal and divers and skin transfusion, and the victim E was in need of approximately three weeks of treatment.

Accordingly, the Defendants jointly inflicted an injury on the victims.

2. The Defendant B fights with the victim E (age 31) in the date, time, place, and place mentioned in paragraph (1) as stated in paragraph (1).

When the victim's bucks and bucks, which are dangerous objects in the surrounding area, have caused about 4 weeks of treatment to the victim, the victim's bucks and caused about 1.5m in length.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness G, E, and H;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 257 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 2 (2) and Article 2 (1) 2 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of personal injury with dangerous articles);

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

1. Discretionary mitigation (Defendant B);