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(영문) 서울북부지방법원 2013.05.09 2013고정478
폭력행위등처벌에관한법률위반(공동상해)등
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Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

At around 05:40 on July 15, 2012, the Defendants jointly with D and E received a demand from the victim G (24 years of age) and H (26 years of age) that the Defendants and the aforementioned D would drink in front of the F cafeteria in Seoul Central-gu, Seoul. Prior to the demand from the above cafeteria, the Defendants and the aforementioned D would drink in a manner that they drink from the victim G (24 years of age) and H (26 years of age) while drinking in the above cafeteria, and Defendant B would take once the victim H’s face as drinking, and Defendant A would take once the victim H’s face as drinking, Defendant D and E together with the above Ha were able to take the above H’s drinking, and the Defendants, D and D would make the victim G to drink and drink the victim G, and combine the victim with the victim’s mouth for 56 days of violence and violence to the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each police suspect interrogation protocol against Defendant B (including the part in which the statements of G and H are written)

1. Each police suspect interrogation protocol of E or D;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), the selection of each fine;

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

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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