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(영문) 서울중앙지방법원 2013.10.17 2013고단4190
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment for eight months, for six months, for six months, and for six months, for six months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

On June 12, 2013, the Defendants returned to the Republic of Korea at around 02:50 on June 12, 2013, on the ground that the injured party F (25 years of age) who was seated on the front of Seocho-gu Seoul E was crypted to Defendant A, and became a horse dispute with the victim F (25 years of age) who was seated on the front of Seocho-gu Seoul E.

그러던 중 피고인 A은 나이가 어린 피해자가 피고인에게 함부로 말을 한다는 이유로 피해자의 뺨을 한 대 때리고, 주먹과 발로 피해자를 수회 폭행하고, 피고인 B는 피해자에게 달려들어 주먹으로 얼굴을 때리고, 손으로 피해자를 잡아 넘어뜨린 후 발로 얼굴을 수회 걷어차고, 피고인 C은 주먹으로 피해자의 얼굴을 때리고, 피해자를 넘어뜨린 후 발로 피해자의 온몸을 수회 걷어찼다.

As a result, the Defendants jointly inflicted an injury on the victim, such as the care of the victim for about six weeks, the frame of the floor, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement related to F and G;

1. He's statement of the police;

1. A medical certificate of injury, and a written opinion;

1. Ethrts and photographs of victims;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV photographs);

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of the type] of general injury [the scope of recommendations] - 4 months and 1 year and 6 months [the decision of the sentence] disadvantageous: Crimes committed by the Defendants by assaulting the victims without any special reason and causing injury to them; the Defendants are highly likely to be subject to criticism against the Defendants’ assertion that they were victims rather than the beginning of the investigation; the injury of the victims caused by the Defendants’ crime was not easy; the damage of the victims was not completely recovered; Defendant A was punished for violent crimes.

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