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(영문) 서울서부지방법원 2015.03.30 2014고단2109
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 1, 2014, the Defendants would like to look at the victim D who had tobacco on the front day of the indoor packing day of Yongsan-gu Seoul, Yongsan-gu, Seoul.

“...”

피고인들은 피해자 D가 이에 대하여 항의하자 주먹과 발로 피해자 D를 수 회 때리고, 이를 말리던 피해자 E을 넘어뜨리고 발로 수 회 걷어찼다.

Defendants jointly assaulted victims E, as seen above, and inflicted injury upon victims D with the inverted bones of the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. Each police statement made to D and E;

1. Application of statutes on photographs of damage;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act as to the facts of the crime concerned, Article 257 (1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence and the choice of imprisonment);

1. Of concurrent offenders, the sentencing of Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act is based on the following factors: the Defendants’ age, character and conduct, environment, etc.; the various sentencing conditions shown in the arguments in the instant case; and the recommended sentencing guidelines set forth in the sentencing guidelines. A. The same type of punishment as the order is determined.

The Defendants are all led to the confession of the instant crime.

B. Defendant A was sentenced to a fine on July 12, 2010 by the Seoul Southern District Court for the crime of causing property damage, etc. on four occasions.

C. Defendant B was sentenced to a fine on October 8, 2002 by the Seoul Western District Court for the violation of the Punishment of Violences, etc. Act and was punished on three occasions.

The Defendants, without any special reason, assaulted the victims to take trial expenses and assault them, and inflicted an injury on them to the victim D by the combination of left upper pelkes, which requires six weeks of medical treatment.

The victim D is part of the inner pathy until now.

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