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(영문) 서울동부지방법원 2018.06.14 2018고단1365
특수상해등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A around 05:00 on December 10, 2017, at the “E” restaurant operated by Seongdong-gu Seoul, Seongdong-gu Seoul Metropolitan Government, Defendant: (a) caused the victim’s bodily injury, such as the two studs of the therapy, by taking the victim’s hair and face into his hand the victim’s hair and face; and (b) by asking the victim’s finger by asking the victim’s finger.

2. Defendant B, at the same time, at a place as in paragraph (1) and at the same time as in paragraph (1) for the same reasons as in paragraph (1), when the victim A (27 years) and fluence fluence fluences the victim’s hair, face, etc. are taken into consideration by taking about four weeks from the victim’s hair, face, etc.

3. 피고인들의 공동 범행 피고인들은 공동하여 제 1 항과 같은 일시, 장소에서 소리를 지르며 욕설을 하고, 서로 주먹질을 하고 식당 바닥을 뒹굴며 싸우고 테이블 위에 있던 음식과 식기류를 집어던지는 등 약 20분 간 소란을 피워 다른 손님들 로 하여금 식사를 중단하고 나가게 하는 등 위 E을 운영하는 피해자 D의 식당 영업 업무를 방해하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. A report on investigation (a photograph of the suspect's injury);

1. A written diagnosis (A);

1. Application of on-site CCTV CD-related statutes;

1. Relevant legal provisions and defendant A who has selected a punishment for committing a crime: Articles 258-2, 257(1) (a) and 314(1), 30 (a), and 30 (a) of the Criminal Act (a point of interference with business, a choice of imprisonment) of the Criminal Act: Articles 257(1) (a) (a point of harm, a choice of imprisonment with prison labor), 314(1), and 30 (a) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Reduction of volume (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. The following circumstances are the reasons for sentencing of Article 62(1) of the Criminal Act, each suspended sentence.

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