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(영문) 서울남부지방법원 2017.05.11 2016고단4788
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A A shall be punished by a fine of three million won, by imprisonment with prison labor for up to eight months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B around August 2, 2015, around 18:50 on August 2, 2015, the victim G (38 tax) and parking problems were set in front of the Yeongdeungpo-gu Seoul Metropolitan Government, and it was called to the place where the victim A and the defendant A were called to the place.

곧이 어 피고인 A은 위 장소로 찾아와서 “ 너는 뭐하는 놈인데 우쭐 대냐,

나 누 군지 아냐” 라고 말하며 위 G의 뺨을 1회 때리고, 이를 본 위 G의 일행인 피해자 H(32 세) 이 싸움을 말리려고 하자 피고인 B은 주먹으로 위 H의 왼쪽 얼굴을 1회 때리고, 계속하여 피고인들은 합세하여 위 G, 위 H을 주먹으로 때리고 발로 찼다.

As a result, the Defendants jointly assaulted the victim G and inflicted injury on the victim H, such as inside the shores, alleys, and a cellular blood, etc., which require approximately eight weeks of treatment.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Protocols of examination of witnesses H, I and J;

1. Defendant B’s assertion on the Defendant B’s injury diagnosis letter did not take part in the crime of this case and made a telephone with another person (K) at the time of the crime of this case. However, Defendant B consistently identified Defendant B as the offender and recognized its credibility. Rather, Defendant B did not have any fact of call call called against Defendant A at the first time, and there was a fact that the result of inquiry about telephone details was revealed.

The assertion is not consistent with the assertion.

In addition, the defendant B made a telephone to the defendant A for the first time, and the defendant B went to a subsequent site after 3 to 4 minutes.

At the end of the fighting between K and K, A and the victims have made a statement and made a call.

However, according to the fact that Defendant B made a call between K and 35 seconds after the call with Defendant A was terminated, the above assertion is considered to be false.

In the end, this part.

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