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(영문) 서울남부지방법원 2013.12.18 2013고단3018
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

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

Provided, That with respect to Defendant B, it shall be for one year.

Reasons

Punishment of the crime

[2013고단3018: 피고인들] 피고인 A은 2013. 6. 11. 12:50경 서울 금천구 D에 있는 ‘E 식당’에서 술을 마시던 중 옆 테이블에 있던 피해자 F(남, 44세)이 술에 취해 쓰레기통 등을 집어던지자 주먹으로 피해자의 얼굴을 1회 때렸고, 계속해서 위 식당 밖으로 이동한 후 주먹으로 피해자의 얼굴을 수회 때려 넘어뜨리고 발로 피해자의 몸을 수회 걷어찼다.

In addition, Defendant B was able to respond to the body of the victim by drinking.

As a result, the Defendants jointly inflicted injury on the victim, such as the 1st head of the right-hand body, which requires treatment for about six weeks.

[2013 Highest 4113: Defendant A / [Defendant A] The Defendant is a person who works as a daily kitchen in the “H restaurant” located in G in G in G in Gwangjin-si.

At around 01:30 on September 24, 2013, the Defendant: (a) completed a kitchen work at the “H restaurant”; (b) performed drinking alcohol, and (c) received 112 reports; and (d) took the check from the PoliceJ belonging to the GJ affiliated with the GJ of the Gyeonggi Mine Police Station, which called “Is to die,” and (c) took her hand, frank the shoulder of the said J; and (d) obstructed police officers’ legitimate execution of duties concerning the handling of the 112 Report.

Summary of Evidence

[2013 Highest 3018]

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Each written diagnosis;

1. Photographs (2013 Highest 4113);

1. Defendant A’s legal statement

1. Application of the police statement law to J

1. Defendant A of the relevant Article on the crime: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Articles 257 and 136 (1) of the Criminal Act, and Article 136 (1) of the same Act, and Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) and Article 257 of the Criminal Act, the choice of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A)

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