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(영문) 서울동부지방법원 2015.07.15 2014고단3231
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

[Criminal Power] On January 14, 201, Defendant B sentenced Defendant B to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Injury) at the Seoul Eastern District Court on January 14, 201, and completed the execution of the sentence in the original prison on January 14, 2012.

【Criminal Facts】

1. On May 17, 2014, at around 20:0, the Defendants used the restaurant operated by the victim E (n, 50 years of age) in Seongdong-gu Seoul, Seongdong-gu, and used the beer’s disease, which is a dangerous object under the influence of alcohol, and used the beer’s disease, and used it as a dangerous object to be collected into the restaurant where the victims and customers are located.

2. The date and place referred to in paragraph 1, and Defendant B, at the victim’s lids outside the restaurant, separated the lid lids of the doctor who was inside the victim’s cafeterias so that the goods may be put into the restaurant, and the lids of the original lids are collected into the restaurant, and the victim’s hair lids were removed from the back of the restaurant, and the Defendant A was able to collect the victim’s head head from the outside of the cafeterias after the restaurant. The Defendants jointly placed the victim’s lids, which require approximately three weeks of treatment, on the right side, on the part of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statement of witness E;

1. A written diagnosis of injury;

1. CCTV image data;

1. Previous conviction (Defendant B): Application of Acts and subordinate statutes of a criminal investigation report;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 260 (1) and 30 of the Criminal Act, Article 260 (1) and Article 30 of the Criminal Act, Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravation of repeated crimes;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 (the proviso of Article 42 shall apply to the defendant B) of the Criminal Act among concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act;

1. Article 62(1) of the Criminal Act of the suspended execution (Defendant A);

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