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(영문) 서울동부지방법원 2017.01.19 2016고단3892
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and by imprisonment of 6 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

At around 03:10 on June 25, 2016, the Defendants left the restaurant of “D” located in Gwangjin-gu Seoul Special Metropolitan City on the ground floor. At around 03:10 on the ground that one of the Defendants, while working on the ground floor, left the clothes of the victim E (30 years of age), but he did not go to F, the Defendants were the victim and Si expenses. Defendant A, as drinking, did not go off the victim’s face at least three times. Defendant B, as a matter of course, walked the victim’s face three times, walked the son, walked the victim’s face, took about two weeks, and opened the victim at approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Photographs of the victim's face;

1. CCTV photographs of each crime scene;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (2) 1 of the Selection of Fine: Defendant B: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of imprisonment;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Protective observation and community service order Defendant B: Article 62-2 of the Criminal Act;

1. Defendant A with a provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentence on the sentencing criteria (Defendant B): Imprisonment for April to June, the basic area (from April to June) of the category No. 1 (general injury). - No person who is subject to special sentencing shall be subject to special sentencing:

2. In addition to the two cases, the Defendants jointly committed an injury by unilaterally using violence against the victim. Defendant A had a record of being subject to juvenile protective disposition several times for various crimes, such as violent crimes, and Defendant B had a record of being punished by a fine for violent crimes, not only twice.

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