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(영문) 서울서부지방법원 2017.04.20 2016고단3375
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendants are the persons with disabilities of class 2 with hearing disability.

On August 11, 2016, the Defendants of the 2016 Highest 3375, around 13:50, 2016, on the EKaf-ro, the EKaf-ro, the Defendant A, the victim F (32 32 tax) was only the victim’s address, and the victim’s waste was discarded, and the Defendant B, together with this, went away from the ground floor by cutting down the victim’s neck into the ground floor by breaking the victim’s hand, and jointly, the victims suffered injury, such as cutting down the frame at the bottom of the upper end of the 8 weeks of uncertainty of detailed taxes that require treatment.

Defendant B found the first floor of H hospital located in Busan Northern-gu G on November 24, 2016, Defendant B, at around 19:10 on November 24, 2016, the victim I laid down the first floor of the H hospital in Busan-gu, and stolen the first floor of the H hospital, which included the victim I’s 50,000 won of the market price, and cosmetics of the amount equivalent to 195,000 won of the market price.

Summary of Evidence

"2016 Highest 3375"

1. Defendants’ respective legal statements

1. A written statement;

1. Investigative report (related to attachment of photographs on the part of an injury) 2016 Colonel 3847;

1. Defendant B’s legal statement

1. Application of Acts and subordinate statutes on police statements made to I;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (the point of joint injury and the selection of fines);

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (joint injury, selection of fines) and Article 329 of the Criminal Act (abstinence, selection of fines)

1. Defendants to be mitigated by deaf-mutes: Articles 11 and 55(1)6 of the Criminal Act;

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

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

1. Defendants of the provisional payment order: Defendant B, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to five years of imprisonment on August 12, 2009 due to robbery, etc. and completed the execution of the sentence on October 16, 2013, for a repeated offense period.

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