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(영문) 서울북부지방법원 2016.06.02 2015고단4614

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On August 30, 2015, the Defendants discovered that the Victim F (20 years) was able to turn on with G, one of the two Defendants, around 19:00, in front of the Seoul Jung-gu E-gu, Seoul.

At the time, the victim reported that G did assault with G, a female, and reported that it was verbally, but the Defendants are disputing the victim and G.

I think, Defendant B carried the victim’s breath with her hand, laid her bridge, and Defendant A her bridged the victim’s bridge.

The Defendants continued to conduct once the bucks, bucks, and bucks, each of which led the victims to undergo approximately 2 weeks of treatment. In addition, the Defendants continued to undergo the bucks, bucks, and so on.

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

Summary of Evidence

1. Defendants’ legal statement

1. Statement of suspect interrogation against Defendant A (No. 12 No. 5 of the evidence list);

1. Statement made by the police with regard to F;

1. A written statement;

1. A medical certificate;

1. Investigation report (the telephone conversations of a wooden person);

1. A report on investigation (a statement by a wooden person) (a list No. 9);

1. Application of Acts and subordinate statutes to investigation reports (the I telephone conversations of harvested persons);

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (wholly amended by Act No. 13718, Jan. 6, 2016); Article 2(1)1 of the Criminal Act; Article 257(1) of the Criminal Act; the selection of fines, etc. for a crime;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. The scope of punishment by law: A fine not exceeding 15 million won;

2. Scope of recommended sentences on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relation, and tendency of the Defendants.

The most favorable circumstances: the defendants have reached this law, and they are deeply divided and reflected in their crimes, and on February 4, 2016, which is after the prosecution.