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(영문) 서울중앙지방법원 2014.02.12 2013고단6197
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A around 23:00 on July 24, 2013, around 23:0, within the restaurant of "E" in Seocho-gu Seoul Metropolitan Government, and on the ground that the victim F neglected himself, the victim F was satisfing the victim's face with left hand, and the victim was satisfing the victim's face, and the defendant B was 3 times the victim's face face she was satfing with the Defendant and the victim's sound, and the victim was satisfing.

As a result, the Defendants jointly put the victim into a closed aggregate, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Grounds for sentencing under Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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

2. The recommended sentencing criteria: The sentencing criteria shall not apply.

3. Determination of sentence: Defendant A shall be punished by a fine for negligence of KRW 1.5 million; Defendant B shall be punished by a fine for negligence of KRW 1.5 million; Defendant B shall be punished by a fine for negligence of the prosecutor, in consideration of the following: (a) Defendant A deposited an amount of KRW 2 million as damages; (b) Defendant A reflects his fault; and (c) Defendant B shall be punished by a fine for negligence of the prosecutor, in consideration of the fact that the degree of participation is insignificant.

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