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(영문) 서울남부지방법원 2019.09.26 2019고단2967
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, each of the above defendants is against the defendants.

Reasons

Punishment of the crime

On February 28, 2019, at the D-3 parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, around 02:50 on February 28, 2019, the Defendants asserted with the victim on the ground that Defendant A resisted the shoulder of F, which is the winterer of the victim E (the age of 44) without any justifiable reason.

Accordingly, the Defendants sent to the Republic of Korea, and Defendant A sent to the face of the victim and the body body part by drinking and launching, and Defendant B took the victim’s face and body part at least 10 times due to drinking and burning, etc., and the victim suffered injury, such as internal breathing on the left-hand side in need of treatment for about 5 weeks, by considering the victim’s face and body part, etc.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to F, G, and E (each 1, 2 times);

1. A survey report (CCTV verification);

1. A criminal investigation report (Submission of a medical certificate for a victim);

1. A criminal investigation report (Attachment to a detailed statement of handling cases reported 112);

1. Application of Acts and subordinate statutes to investigation reports (victim E medical certificate and submission of financial resources confirmation);

1. Relevant Article of the Act on the Punishment of Violences, etc. and Article 2 (2) 3 of the Punishment of Violences, etc. and Article 257 (1) of the Criminal Act;

1. Defendants: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act

1. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including special person who has a penalty): Reduction element of punishment (including serious efforts for recovery of damage): Aggravation of punishment (including the area of recommendation and the scope of recommendation], basic area of injury (the scope of recommendation and recommendation], April through June of imprisonment;

2. In light of the details of the determination of the sentence of sentence, the method of the commission of the crime, and the part of the damage, the degree of injury suffered by the victim is not minor;

On the other hand, all the defendants have the attitude of reflection while recognizing the wrongness, and they have no criminal power.

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