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(영문) 서울중앙지방법원 2015.11.20 2015고단3164

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 3,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A had a mind to give a sense of guidance to E on the ground that he/she acted without a brush in the back of the marriage ceremony of friendly job offering D.

Accordingly, on March 22, 2015, at the first floor parking lot of the Yeongdeungpo-gu Seoul Metropolitan Government F building No. 20:35 on March 22, 2015, Defendant A stated that the above E was “h, while drinking alcohol, doing good behavior”, Defendant A was at one time at the hand floor of the above E face.

이를 본 피해자 G(29세)이 이에 대항하여 주먹으로 피고인 A의 얼굴을 1대 때리자, 피고인 A은 주먹으로 피해자들의 얼굴과 몸을 수회 때리고, 피고인 B은 이에 합세하여 주먹과 발로 피해자들의 얼굴과 몸을 수회 때리고 찼다.

Defendant A continued to take care of cleaning in and around the vicinity, and the head and face of the victims took place.

As a result, the Defendants jointly inflicted injury on the victim E, such as the flavoring of luminous bones, which requires approximately four weeks of medical treatment, and injury on the victim G, such as an acute flavoring of the left-hand brain flavoring, requiring approximately six weeks of medical treatment.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness E, G and H;

1. The police statement of H;

1. Photographss of injuries suffered by each victim;

1. Each written diagnosis;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendant A who has selected the penalty: Selection of a fine for negligence (it shall be considered that, although the degree of injury of the victim is minor, the defendant does not have any previous domestic record, the degree of the defendant's participation is not relatively much severe, and that the victim and the victim agreed smoothly);

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

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

1. Defendant A, who was suspended of execution.