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(영문) 서울중앙지방법원 2016.10.13 2016고단5003
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

1. Defendant A’s property damage around 00:10 on April 29, 2016, at the entrance of “D” in Gangnam-gu Seoul Metropolitan Government, Defendant A damaged the victim E, who is an employee of the said Lcare, to have the repair cost of an amount that could not be known by cutting off the table table owned by the victim and cutting off it by hand on the ground that the victim E, who was an employee of the said Lcare, did not bring his/her own vehicle.

2. The Defendants in violation of the Punishment of Violence, etc. Act (joint injury) committed by the Defendants on the grounds that the victims E (34 years of age) who are the employees of the said Gabcare at the time and place specified in the preceding paragraph is infeasia and knee in several times due to knee and feling, Defendant A took away the part of the victim F (31 years of age) who is another Gabbn employee of the victim F (31 years of age) into the elbbel, and continued to take back the part of the victim F (31 years of age) into the elbbel, and continued to take back the victim F's face several times due to drinking together with the victim F. Defendant B was able to take part in the part of the victim G (29 years of age) who is an employee of the other Gabncare, and continued to take part in the victim's head when she can take part in the victim's fel.

As a result, the Defendants jointly put the victim E with brain-dead in need of treatment for about 21 days, brain-dead sugar requiring treatment for about 21 days to the victim F, and the victim G with a light that requires treatment for about 14 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of the F, E, and G;

1. Application of Acts and subordinate statutes to an investigation report (Submission of an injury diagnosis report) and each injury diagnosis report attached thereto;

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 (the point of joint injury, the choice of imprisonment), and Article 366 of the Criminal Act (the point of causing property damage and the choice of imprisonment);

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act.

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