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(영문) 서울남부지방법원 2015.01.12 2014고단5126
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 21, 2014, at around 00:20 on December 21, 2014, the Defendant deemed that the victim D (37 years of age) and the victim E (27 years of age) walk on the front of Guro-gu Seoul, Guro-gu, Seoul, the Defendant walked a bath and walked for costs without any reason.

Accordingly, the defendant is taken into consideration the face of the victim D by drinking, and the person who is not aware of his name was released from the ground floor of the victim D by drinking together with the defendant, and then was taken into consideration the face and body of the victim D by drinking and drinking, and the victim E's face and body body body can be taken out several times by drinking and drinking.

As a result, the Defendant assaulted the victim jointly with the person who was not injured in his name, thereby causing bodily injury to the victim D, such as infinites that need to be treated for about four weeks, and causing bodily injury to the victim E, such as hair straw, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. On-site reports;

1. Application of Acts and subordinate statutes of a medical certificate and an injury medical certificate;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the date of the provisional payment order is as follows: (a) the defendant conspireds with the victims in collusion without any particular reason with his/her name-in-factor; and (b) inflicted injury on the victims for each of four weeks and two weeks of injury by using violence, and thus, the defendant should be punished strictly.

However, the fact that the defendant led to a crime, committed a mistake in depth, did not have any history of criminal punishment in Korea, paid 11,000,000 won to the victims with medical expenses, etc., and committed the crime of this case in contingency under the influence of alcohol.

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