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(영문) 서울중앙지방법원 2016.09.30 2016고단3926

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A, B, and C shall be punished by a fine of KRW 500,000.

The above Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. On February 17, 2016, Defendant A, Defendant B, and Defendant C were in sight with the victim D (32 tax) who is another fluence while drinking alcohol at the “I” point in Gwanak-gu in Seoul Special Metropolitan City on February 17, 2016, and Defendant B took one time a part of the victim’s face with the victim’s drinking, Defendant B took one time a part of the victim’s face with the victim’s left side, Defendant A walked with the victim’s walked one time with the victim’s face by drinking, and Defendant A took one time a part of the victim’s face, such as the victim beyond the victim’s face, and Defendant C took one time a part of the victim’s face with the victim’s hand, and Defendant C took one time a part of the victim’s face with the victim’s hair and a part of the victim’s body going beyond the part of the victim’s face with the victim’s body and the part of the victim’s body necessary for treatment within the week.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to J;

1. The K's statement;

1. A report on fire-proof (limited to investigations conducted against shootings and the verification of video images of field CCTVs);

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

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines, respectively, for the crime;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of each Criminal Procedure Act include the confessions and reflects against the Defendants, the Defendants have no record of criminal punishment, and the Defendants have agreed with both the victim and the victim that they do not want to punish the Defendants. The Defendants are contingent crimes, the Defendants’ age, sex, conduct, environment, family relationship, motive and consequence of the crimes, circumstances after the crimes, etc., and the sentencing conditions specified in the pleadings of the instant case shall be determined as ordered in consideration of the circumstances.

Dismissal of Public Prosecution (Defendant D)

1. The summary of the facts charged by Defendant D is around 04:29 on February 17, 2016 to the Gwanak-gu Seoul Special Metropolitan City H.