(영문) 서울중앙지방법원 2015.02.04 2014고정5474

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(영문) 서울중앙지방법원 2015.02.04 2014고정5474

폭력행위등처벌에관한법률위반(공동상해)

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The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

On August 25, 2014, at around 20:30, the Defendants: (a) 176, the Seocho-gu Seoul Seocho-gu New Distribution, 176, and (b) intending to listen to the desire of the victim from the victim D (the age of 29) in front of the 176, the Seocho-gu Seoul Seocho-gu Seoul Metropolitan City Hack-gu Hackdong-gu Hackdong, and (c) Hacked the victim’s face in hand after having dried up the victim’s face, and (d) the Defendant B tightd the victim’s right shoulder by keeping the part of the victim’s back in hand.

As a result, the Defendants jointly carried out a scarcity of a scarcity that requires the victim's treatment for about two weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on internal investigation reports (CCTV image verification);

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. Defendants to be suspended from sentence: Fine of 700,000 won; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants of suspended sentence: The judgment is rendered as above on the grounds that the Defendants’ age, character and conduct, occupation and environment, method and consequence of the crime, the circumstances before and after the crime, and all other circumstances constituting the conditions for sentencing as shown in the records and arguments are more than two different from the motive and circumstance leading up to the crime, such as the Defendants’ occurrence of the crime, the victim’s heavy aspects, and the victim’s degree of damage cannot be seen as being serious. Defendant B is the first criminal without any criminal power, and Defendant A cannot be found to have been sentenced to a fine or heavier punishment. In addition, the judgment is rendered as above on the grounds that the Defendants’ age, character and conduct, occupation and environment, method and consequence of the crime, the circumstances before and after the crime, and all other circumstances constituting the conditions for sentencing as shown in the records and arguments

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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