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(영문) 서울동부지방법원 2018.05.16 2018고단680
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On January 9, 2018, at around 03:10 on January 9, 2018, the Defendants: (a) while drinking alcohol together with “E” located in Seongdong-gu Seoul Metropolitan Government D; (b) Defendant A took the victim’s face, face, distribution, etc. from the victim F, who was aware of the victim F, and did not receive the usual telephone; (c) Defendant A took the victim’s face from the victim’s side to the above main point; and (d) Defendant B took the victim’s face by drinking.

As a result, the Defendants jointly inflicted injury on the victim, such as a dystrophal dystrophy, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police with regard to F;

1. Report on internal investigation (related to the analysis of records of visual CCTV recording in the field);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (elective selection of punishment) concerning facts constituting an offense;

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: The unfavorable conditions for sentencing under Article 334(1) of the Criminal Procedure Act: Defendant A was punished by a fine of KRW 1.5 million for a crime of violation of the Punishment of Violences, etc. Act (joint injury) on April 2017; the Defendants had the record of receiving a protective order several times of violent crimes; the Defendants did not receive a letter from the injured party; the circumstances favorable to the Defendants: the Defendants are divided by mistake; Defendant B did not have any record of criminal punishment; the above circumstances, the Defendants’ age, sex behavior, and the circumstances after the crime, etc. are comprehensively taken into account, and determined the sentence as set forth in the Disposition.

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