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(영문) 서울남부지방법원 2017.10.11 2017고단3891
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 05:00 on April 8, 2017, the Defendant, “2017 Highest 3891,” was playing in a singing room located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, such as Singing-gu D, Sing-type D, and Victims E (the remaining, 42 years of age). A dispute was created on the ground that the victim first gets a defendant who is willing to go to go to the house, and the victim was playing in the house, and the victim was able to play in the house. A dispute was created on the ground that the victim first gets a defendant who was able to go to go to the house, and the face of the victim was 1 to go to the face of the victim as a drinking by the victim, and the victim was able to become known to the victim.

Accordingly, the defendant, together with D, injured the victim.

around 02:10 on August 15, 2017, the Defendant, “2017 Highest 4020,” was boarding a G-si located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul Metropolitan City, with the victim F (57 tax) in front of the digital short-term area, leading to the front of the large-term forest park crossing.

피고 인은 위 택시 안에서 피해자에게 “ 노래를 불러 봐라. ”라고 말하였으나 피해자가 이를 거절하자 화가 나, 피해자가 앉아 있는 운전석을 5~6 회 걷어차고, 피해자의 오른쪽 어깨를 2회 걷어찼다.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

"2017 Highest 3891"

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. The 2017 Highest 4020 photo of damaged parts;

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 2(2)3 of the Act on the Punishment of Violences, Etc., Article 257(1) of the Criminal Act (the point of joint injury) and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver) concerning the crime

1. Imprisonment with prison labor for choice of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The same reasons for sentencing under Article 62-2 of the Criminal Code, such as the observation and taking of protection, and the order of community service.

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