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서울동부지방법원 2015.02.04 2014고단3099
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A Imprisonment of eight months, Defendant B’s imprisonment with prison labor of six months, and Defendant C’s fine of two thousand won.

Defendant .

Reasons

Punishment of the crime

1. At around 00:40 on December 31, 2013, Defendant A and Defendant C jointly committed a crime: (a) around 00:40, at the G cafeteria located in Gwangjin-gu Seoul Special Metropolitan City, Defendant A and the victim H (the age of 46) who was going out of the said cafeteria were hicked with each other, and Defendant A her hand ske the victim’s breath; and (b) Defendant C also her hand ske the victim’s breath, and her hand flicked the victim’s flick.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A and Defendant B’s co-principal committed a joint crime at the same date and time as set forth in paragraph (1), and at the same place as above, the victim I (the victim I (the victim I 41 years of age), who was in action with H, took the victim’s face one time at one time due to the defect in the fighting match, and went beyond the victim’s face on the street parking lot near the fighting site at one time, and the telegraph of the victim by drinking and launchings, and Defendant B was able to take time with the victim by drinking and launchings together with the Defendant A.

As a result, the Defendants jointly inflicted on the victim about 56 days of medical treatment and injury such as cutting the left upper frame.

Summary of Evidence

1. Each legal statement of witness I and H;

1. Part I and H of the suspect interrogation protocol against the Defendants

1. Each police statement to J and K;

1. Each investigation report (except for police officers’ counter-party to the initial measure);

1. Application of each statute on photographs;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) A and C of the Criminal Act, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act,

1. Defendant A and B who choose the sentence of imprisonment: Defendant C who choose the sentence of fine; and

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

1. Defendant C of detention in a workhouse: Articles 70(1) and 69(2)1. 1.