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(영문) 서울남부지방법원 2016.06.02 2015고단5536
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 15, 2015, Defendant A: (a) around 00:05, at India of Yeongdeungpo-gu Seoul Metropolitan Government on August 15, 2015, the Defendant shouldered the Victim F (38 taxes) of the Victim E, who was divingd in India while under the influence of alcohol; (b) the Defendant took the victim’s spoke and face at a drinking time; and (c) the Defendant her driver’s walk B collected each item (60cm in length) on the floor at which the Defendant was working, and her head was 3 times.

As a result, the defendant jointly with the above B, caused the victim to suffer approximately three weeks of treatment.

2. Defendant B collected each item (60 cm in length) which is a dangerous thing that had been floored on the ground of the foregoing reasons at the same time, at the same place as in the foregoing paragraph 1, and 3 times the head of the victim.

As a result, the defendant carried dangerous things with the victim about three weeks of medical treatment.

Summary of Evidence

1. The defendants' statements in the second public trial protocol

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes to a medical certificate of injury, victim's photograph, investigation report (the verification of the victim's statement, such as shots), investigation report (the G telephone investigation of shots);

1. Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)3 of the Criminal Act; Article 237(1) of the Criminal Act; Article 258-2(1) and Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the same Act;

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants subject to suspended execution: Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crimes are not good in terms of causing injury to the victim’s head in the course of committing the act of causing injury to the victim’s head as a dangerous item; and

In light of the above, the Defendants and the victims appear to have started fighting by chance under the influence of alcohol, and the Defendants appear to have suffered violence from the victims, and some of the Defendants appear to have suffered violence.

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