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(영문) 서울북부지방법원 2016.03.25 2015고단3411
상해등
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

1. On December 29, 2014, Defendant A: (a) around 00:20 on the roads in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) on the ground that the Defendant, despite having not yet landed from a taxi, was on board the said taxi, on the ground that the said victims and the victim E (48 years old) were on board the said taxi, taking the face of the said victims and the victim E (48 years old), the Defendant inflicted an injury, such as escape from the right to the right, the number of days of treatment of which is unknown to the victim B; and (c) assaulted the victim E by taking the victim E in his/her hand.

2. Defendant B, along with Defendant E, got a victim A (37 years) and a vagabonds for the foregoing reasons at the above time and at the above location, the Defendant took the victim’s face and chest by hand, and Party B took part in the victim’s hand, and Party B took part in the victim’s hand.

As a result, the defendant, in collaboration with E, suffered injury to the victim, such as inside and outside walls and internal walls in need of approximately six weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols concerning the interrogation of suspects A by the prosecution (including B or E);

1. A protocol concerning the interrogation of suspects of E;

1. Photographs taken by the parts of the injury of B (Evidence No. 14);

1. Application of Acts and subordinate statutes, such as a photograph of damage (Evidence No. 17), a medical certificate (Evidence List No. 18);

1. Article 257(1) and Article 260(1) of the Criminal Act (the point of assault) and Article 260(1) (the point of assault) of the Criminal Act regarding criminal facts and Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Articles 2(2) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Articles 257(1) and 260 of the Criminal Act

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Each defendant of suspended execution: The reason for sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] general injury (the scope of general injury) shall be the basic area (from April to one year and six months) (the special mitigation) of Article 62(1) of the Criminal Act / the injury committed by the victim when the victim is also responsible for the occurrence of the crime or the expansion of damage (the injury committed by the victim).

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