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(영문) 서울북부지방법원 2019.06.05 2019고단155

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

around 05:40 on August 21, 2018, Defendants, C, and D assaulted victims and victims out of the dispute while drinking alcohol in F located in Seoul Special Metropolitan City, Nowon-gu, for the reason that victims G and H had a speech to women-friendly women of C.

Defendant

A는 H을 넘어뜨리고 발로 얼굴을 2-3회 걷어차고, G을 밀어 넘어뜨리고 발로 얼굴을 수회 걷어차고, 피고인 B는 넘어진 G과 H을 번갈아 가며 발로 걷어찼다.

C는 H을 주먹으로 수회 때려 넘어뜨리고 발로 수회 걷어차고, D은 H을 주먹으로 때리고 발길질을 하고, 쓰러져 넘어진 G에게 다가가 손으로 얼굴을 때리고 발로 수회 걷어찼다.

The Defendants, in collaboration with C and D, assaulted the victims as above, set forth two heats in which the number of days of treatment can not be known to the victims H, as well as in the closed frame of the bones, which requires three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. The suspect interrogation protocol of Defendants, D, and C by the prosecution

1. Each police interrogation protocol of H and G:

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

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

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

1. The Defendants under suspended execution: (a) considering the fact that the Defendants’ injury to the victims due to the instant crime for sentencing under Article 62(1) of the Criminal Act was serious, it is necessary to punish the Defendants. However, the Defendants did not want to punish the Defendants; (b) the victims appear to have first attempted to commit the instant crime; and (c) the victims suffered injury due to the assault of the victims.