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(영문) 서울북부지방법원 2019.07.09 2019고단1149
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 01:20 on December 17, 2018, the Defendants requested the victim to return home within D located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and requested the victim to return home while drinking alcohol together with the victim E (the victim E 44 years of age), but the victim continued to do so, on the ground that the victim did not go to the drinking place, and the defendant A was able to go beyond the victim's face at one time with the hand floor of the victim, and the defendant B suffered injury, such as spatha, which requires approximately eight weeks of treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Statement to E by the police;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 2(2)3 of the Act on the Punishment of Violences, etc. of Criminal Crimes and Article 2(2)3 of the Act on the Punishment of Violences, etc., Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, and Article 257(1) of the same Act shall include the previous departments to Defendant A, which include the nine-time criminal records and five-time criminal records to Defendant B, including the suspended sentence of imprisonment, the degree of damage to the victim is not easy, the damage has not been recovered, and the victim has not been agreed with the victim, and the victim is willing to be punished by severe punishment. In addition, the punishment was determined by taking into account the various circumstances indicated in the records and arguments of the instant case, including the following circumstances.

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