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(영문) 서울서부지방법원 2016.01.27 2014고단3164
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 3, 2014, around 01:20 on August 3, 2014, the Defendant: (a) at the D’D “D” club located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) on the ground that the names of players and victims E (32 years of age) faced with shoulder, a person in unsound name fluencing the victim’s face; (c) the victim, who took the face of the name influcing box going beyond broom, took the victim’s face; and (d) the victim, who took the victim’s body by hand, went beyond the floor by putting the victim’s body.

The F and the person in secret name who are not eligible to receive the victim's face and body can be taken once a week due to drinking and birth, and the defendant took the face of the victim again once a week.

As a result, the defendant, in collaboration with F and F, suffered injury to the victim, such as the left-hand side of the victim in need of approximately six weeks of medical treatment, and the so-called marbation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 2 (2) and (3) of the Act on the Punishment of Violences, etc. for Criminal Facts and Article 2 of the same Act and Article 257 (1) of the Criminal Act (Selection of penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the degree of injury of the victim for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not be exceptionally applied, the punishment as ordered is determined by taking into account the following factors: (a) the defendant recognizes and reflects the crime of this case; (b) the defendant has no record of criminal punishment in the Republic of Korea; (c) the defendant agreed with the victim; (d) the defendant appears to have caused the crime of this case in the course of concluding a dispute between the victim and his/her name in the name of his/her ward and the victim; and (e) the defendant's age, sexual behavior, environment, etc.

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