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(영문) 서울남부지방법원 2016.02.03 2015고정2214
상해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On July 8, 2015, the Defendant, around 02:00, committed an injury on the part of the victim, on the ground that, under the influence of alcohol in front of D main points located in Geumcheon-gu Seoul Metropolitan Government, the Defendant was trying to have the victim E from drinking alcohol, but did not hear the victim’s face, making the victim ethbbb, huming and pushed the victim’s face more than once and pushed the victim’s face, thereby getting about three weeks of treatment.

2. On July 8, 2015, Defendant A and Defendant B’s co-offendered on the following grounds: (a) around 03:30 on July 8, 2015, the Defendants her drinking alcohol at the above D main points operated by the Victim F and her drinking alcohol; and (b) on the other hand, the Defendants her drinking alcohol at the victim’s drinking.

이에 피고인 A은 화가 나서 “ 야! 이 씹새끼야 ”라고 소리치면서 손으로 피해자의 목을 잡아 이를 뿌리치고 나가는 피해자를 뒤따라가 한손으로 목을 잡고 한 손으로 피해자의 옆구리를 쑤셔 바닥에 넘어뜨린 후 발로 몸을 수회 밟고 목을 조르며 손바닥으로 얼굴을 10회 이상 때리고, 피고인 B은 합세하여 손으로 피해자의 왼팔을 뒤로 꺾고 발로 허벅지를 수회 걷어찼다.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

【Criminal facts of No. 1】

1. Defendant A’s legal statement

1. Statement made by the police for E;

1. Investigation report (related to submission of a medical certificate, etc.), request for medical treatment (criminal facts set forth in judgment 2);

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Each legal statement of the witness F, G, and H (defendant B)

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to investigation reports (related to submission of photographs at the time of the incident of victim F);

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 257(1) of the Criminal Act (the point of injury) and Article 257(2) of the Criminal Act, and Article 257(2) of the choice of each fine: Defendant B, etc.

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