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(영문) 서울중앙지방법원 2014.09.04 2013고단7710 (1)
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of two million won.

If the above fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

At around 03:30 on July 21, 2013, the defendant F, G, and H (hereinafter referred to as the "defendants, etc.") was under the influence of alcohol in the old age of 663-5, Gangnam-gu, Seoul, and the victim I (Nam, 30 years of age) was under the influence of alcohol in front of the 663-5, Gangnam-gu, Seoul, and told the defendant H "I", while the defendant F was under the influence of the trial, the defendant F was under the influence of the above I's face when the defendant F was under the influence of the above I's face when he was under the influence of "I", and the defendant H was under the influence of the above I's face when he was under the influence of the defendant F's face when he was under the influence of the above I's face when he was under the influence of the defendant F, the defendant I was under the influence of the above I's face when he was under the influence of the defendant H, and the above defendant F, the above defendant I et al.

As a result, the defendant et al. jointly inflicted injury on the victim I, such as the pellet franchising in need of approximately six weeks of medical treatment, and injury on the part of the victim J, such as internal and external heat in need of medical treatment for about two weeks of medical treatment.

Summary of Evidence

1. The defendant's partial statement in court (the purport that such statement exists after the J);

1. Each legal statement of the accused F, G, and H;

1. A witness I and each legal statement of the J;

1. Statement of prosecutorial statement to J;

1. Application of Acts and subordinate statutes to I and J of each injury diagnosis report;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The defendant's degree of assault and injury caused by the reason of sentencing in Articles 70 and 69 (2) of the Criminal Act with the detention of the workhouses does not be exceptionally applied to the defendant, but the defendant is not subject to such punishment.

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