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(영문) 서울북부지방법원 2018.09.20 2018고단2980

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A A shall be punished by a fine of two million won, by a fine of 1,500,000 won, Defendant B, and C.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants, around December 11, 2016, performed daily drinking together within the main point of “E” located in Gangnam-gu Seoul Metropolitan Government D around the new wall around December 1, 2016.

Defendant

B around December 11, 2016, around 03:00 on December 11, 2016, the victim F (the age of 23 years at the time) and shouldered, while the victim F (the age of 23 years at the time) were faced with the shoulder, the victim’s fat was spherd, and the defendant A took part in this and took part in the face of the victim.

이어서 피고인들은 위 주점 직원에 의하여 피해자와 함께 위 주점에서 퇴거 당하자, 그 앞 노상에서 다시 피고인 A은 주먹으로 피해자의 얼굴 부위를 수회 때려 넘어뜨리고 계속해서 피해자의 얼굴 부위를 발로 수회 걷어찼으며, 피고인 C은 이에 가담하여 넘어진 피해자의 얼굴 부위를 발로 1회 걷어찼다.

As a result, the Defendants jointly inflicted injury on the victim, such as cutting a peltos that require approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to G, H, I, J, and K;

1. The application of Acts and subordinate statutes, such as photographs, diagnostic notes, and opinions on injuries;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the same Act concerning the selection of a punishment, Article 257 (1) of the Criminal Act, and Article 257 of the Criminal Act, the selection of a fine;

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

1. Although Article 334(1) of the Criminal Procedure Act was not agreed upon with the victim’s injury on the grounds of sentencing, Defendant A deposited KRW 20 million, and the Defendants’ entire criminal acts were recognized, and there was no record of punishment, and the sentencing conditions, including the Defendants’ age, sexual conduct, family relationship, property status, and circumstances after the crime, etc. are determined as per the disposition.