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(영문) 서울동부지방법원 2018.04.12 2018고단135

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

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

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

Reasons

Punishment of the crime

1. Around June 23, 2017, around 03:18, the victim D Defendants am under the influence of alcohol with the victim before Gangdong-gu Seoul, Gangdong-gu, and Defendant A went beyond the victim’s face and body at a time when drinking, and Defendant B went beyond the victim’s body, shot the victim’s body, and re-exploded the victim’s body, and then embling the victim’s body over the floor, and embling the victim into the part of the victim for approximately eight weeks of treatment.

2. The Defendants of the victim F, at the time and place described in the above paragraph (a), the victim F, who was the victim of the above D, maried the Defendants, Marier Defendant A, mariered the victim’s face while leaving the ground floor, her face, and Defendant B, who was frighting the victim’s body when the victim’s face was taken out by drinking, thereby impairing the victim’s face, and strawing the victim’s face requiring approximately one week medical treatment.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made in relation to D, F and G;

1. Application of Acts and subordinate statutes in Part II of a photograph and injury diagnosis report;

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 2 (2) 3 of the Punishment of Violences, etc., Article 257 (1) of the Criminal Act, and selection of imprisonment with prison labor;

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

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

1. The crime of this case for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not good to be committed jointly by the defendants when they jointly face and cause bodily injury to the victims; the degree of injury to the victim D is serious; the defendants are against the defendants; Defendant A agreed with the victims D; Defendant B agreed with all victims; Defendant B agreed with the victims; Defendant B was the first offender; and Defendant B was the first offender, in favor of the defendants.