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(영문) 서울동부지방법원 2020.05.27 2020고단215
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 3,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On September 14, 2019, the Defendants jointly committed the crime against the victim C at “Ecafeteria” located on D2 in Gwangjin-gu Seoul Special Metropolitan City on September 22 and 39, 2019, and at the “Ecafeteria”, Defendant A’s arbitr F was in contact with the victim C (the age of 52) who was seated on the back table. Defendant A was in dispute with the left hand, and Defendant A was in fright with the victim’s head, frighted with the victim’s head, frighted with drinking face, frighted with a stop case, and frighted with the victim’s head. Defendant B was in contact with the victim’s fright and frighted with drinking 21 days.

2. While the Defendants jointly committed the crime against the victim G at the above time, at the above time, at the above time and place, Defendant A got the head of the victim G (the age of 48) with his left hand, was pushed away after having taken the face of the victim's G, Defendant B pushed the victim's secret with his left hand, and Defendant B pushed down the victim's secret with his left hand, and took the back back with his left hand and taken the face with his left hand, and thereby, the victim suffered an unfashion that requires the victim's treatment for about 21 days.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against C, G, and F;

1. The police statement concerning F;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report internal investigation (related to the verification and analysis of CCTV images at the site), internal investigation report (related to the transmission of C damaged photographs);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and the choice of imprisonment

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

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act.

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