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(영문) 서울중앙지방법원 2013.07.19 2013고단1130
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A On January 25, 2011, the Seoul Western District Court sentenced eight months to imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Seoul Western District Court (Habitual Violence) and completed the execution of the said sentence on June 6, 2011.

At around 00:45 on January 1, 2013, the Defendants, while drinking alcohol at the main point of “E” located in Jongno-gu Seoul Metropolitan Government Jongno-gu, Defendant A, on the ground that the victim F (E, South, and 48 years old) who was drinking in the side table booms, took a bath for drinking, Defendant A, on the part of the victim’s breath, was humd at once, and Defendant B, on the basis that Defendant B, on the part of the finger hand hand hand hand hand, ske the victim’s breath and dumbling the victim into the bottom, thereby harming the victim for approximately four weeks of medical treatment.

As a result, the Defendants jointly put up the brine and brine of the brine requiring about four weeks of treatment to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning the current number and accommodation of individuals;

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act.

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

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

1. Defendant B of the order of community service: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A of the applicable sentencing range: Imprisonment with prison labor for not more than 21 years and not more than 10 years and not more than 6 months;

2. Defendant A for the sentencing guidelines: Six months to two years of imprisonment (the aggravated area among types 1 of general injury): Defendant B: April to one year and six months of imprisonment (the basic area among types 1 of general injury).

3. Sentence of sentence: Imprisonment with prison labor for six months in case of Defendant A; imprisonment for six months in case of Defendant B; imprisonment for two years in case of Defendant B: the victim’s inside tool was dissatisfed so that damage is likely to result in physical activity in the future, and payment of damage was not made at all; violation of the Punishment of Violences, etc. Act and injury in case of Defendant A;

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