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(영문) 서울동부지방법원 2019.09.27 2019고단2058
상해
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 700,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

around 06:10 on March 23, 2019, the Defendants and C’s disposition of suspending indictment were made in front of the E-road located in Gangdong-gu Seoul Metropolitan Government, and the Defendant and C sold the victim’s face and body part by drinking together with the victim’s face. Defendant A and C sold the victim’s face and body part by drinking, respectively. Defendant B and Defendant B also sold the victim’s face and body part by drinking.

Accordingly, Defendants and C jointly committed violence to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against H, G, or C;

1. Each police statement made to I and C;

1. Suspects photographs of the suspect and the damaged part of the photograph;

1. Application of Acts and subordinate statutes to investigation reports (E CCTV images verification);

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act to the Defendants who choose a punishment for an offense;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The reasons for sentencing the sentence of Article 334(1) of the Criminal Procedure Act committed assault against the victim in person with the victim at the alcohol house. In light of the content of the crime, the liability for the crime is not easy.

However, considering the fact that the Defendants recognized the crime and are against the victim, the victim does not want the punishment against the Defendants, the commission of the Defendants and the Defendants also suffered injury by assaulting the victim, the degree of the commission of the crime in the case of the Defendant B is more minor than the Defendant A, the Defendant A is the first offender, and the Defendant B is the first offender, and it is more favorable to the fact that there is no record of criminal punishment than the amount of punishment imposed once by fine.

In addition, the records of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing shown in the trial process.

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