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(영문) 서울남부지방법원 2017.08.31 2017고단1932

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

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

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

At around 00:40 on March 22, 2017, the Defendants: (a) prevented Defendant B from putting the victim H (son, 31 years of age) under the influence of alcohol in front of Guro-gu Seoul, and (b) prevented Defendant B from putting the victim’s face one time in his/her hands; and (c) the victim was two times in his/her face of the victim two times in his/her own hands; (d) Defendant A took the victim’s face, body part, etc. over several times in his/her own body part, and walked the body part several times, and Defendant B took the victim’s face, body part, etc. using drinking, knee, kne, and fel.

The Defendants jointly inflicted injury on the victim, i.e., on the right side and the frame that need to be treated for about six weeks.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Investigation report (recording video images of on-site CCTV);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (the imprisonment with prison labor for Defendant A and the fine for Defendant B) concerning the crime;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A [the scope of recommended punishment] General In the basic area (from April to one year and six months), [the person subject to special mitigation (including a serious effort to recover damage)] or in the case where considerable damage has been recovered from the basic area (including a serious effort to recover damage), Defendant A (the person subject to a special mitigation) shall be sentenced to imprisonment for six months, suspension of execution of one year, the victim's injury to the community service order of 120 hours, and shall be led to a confession and rebuttal, although there are unfavorable circumstances, such as imprisonment for six months, suspension of execution of one year, and the fact that the victim's injury to the community service order of 120 hours is grave, and there is no previous conviction and fine heavier than that of the same criminal offense and fine, and