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(영문) 서울중앙지방법원 2018.05.17 2017고정3603

폭력행위등처벌에관한법률위반(공동상해)

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant, D, and E had a kind of f1st century in the G drinking house located in Jung-gu Seoul, Jung-gu.

D around December 2, 2016, around 00:30 on December 2, 2016, the victim H (WW 26 years of age) was in a dispute with the victim H (WW ) in the foregoing G alcohol house, and E was in line with the victim's knife at one time by hand, and E was in line with the victim's knife, knife the victim's head debt, knife the victim's right knife, knife the victim's head debt, and the defendant was in knife the victim's head debt.

As a result, the defendant assaulted the victim in collaboration with D and E, and put the victim on the right side of 3 weeks of care.

Summary of Evidence

1. Legal statement of a witness I;

1. Part of the witness J’s legal statement;

1. One CD of CCTV image data (the defendant and his defense counsel did not have the intention of assault;

However, according to the above evidence, the defendant can be found to have had the intention of assault or domination.

Application of Statutes

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 of the Act on the Selection of Punishment of Violences, etc., Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine not exceeding 500,000 won to suspend the sentence;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: one hundred thousand won);

1. Article 59 (1) of the Criminal Act (i.e., the primary crime; the fact that the injured person under an agreement with the injured person does not want the punishment against the accused; the degree of participation in the crime; the circumstances of the crime, etc.);