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(영문) 서울중앙지방법원 2015.06.26 2015고단2601

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A Imprisonment with prison labor for eight months, for six months, for each of six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. The Defendants’ co-offenders are those who work in Korea with Chinese nationality foreigners.

At around 21:00 on March 2, 2015, the Defendants: (a) Defendant A was punished in the “F” restaurant located in Guro-gu Seoul Metropolitan Government; (b) Defendant A was punished in the case of the victim G (33 years of age, nationality China) and the toilet slurf of the said restaurant; (c) when the victim’s face is taken by drinking to hear the victim’s desire from the victim; and (d) Defendant B and Defendant C were combined with the above, Defendant B took the back head of the victim’s plastic chair at one time, and Defendant C took the victim’s face at one time by hand.

The Defendants continued to see that the victims were drinking and drinking.

As a result, the Defendants jointly inflicted bodily injury on the victim, such as the bones, which requires medical treatment for about four weeks.

2. After assaulting G at the above time and at the above place, Defendant A got off the above restaurant, and then saw the victim H (the victim’s 49 years of age, nationality China), the victim’s buckbuck paper was laid down, and the victim’s buck paper was suckbucks, and then, Defendant A inflicted injury on the victim, once, on the victim’s bucks that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer in relation to I and G;

1. Statement of the police statement related H;

1. A medical certificate or an injury medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) (the point of joint injury) of the Criminal Act (the point of joint injury) Defendant A: Article 257 (1) of the Criminal Act (the point of injury);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Scope of recommending the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence - range of recommending the reasons for sentencing under Article 62(1) of the Criminal Act - General areas of mitigation (two to one year), and special mitigations: to recover damage not to be caused by the suspended sentence.