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(영문) 서울남부지방법원 2013.06.26 2013고단578
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A, C, and D shall be punished by imprisonment for six months, respectively.

However, as to Defendant C, this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. Defendant D

A. On July 24, 2012, around 21:30 on July 24, 2012, the Defendant discovered that the victim H (n, 20 years of age) was working in the front of Yeongdeungpo-gu Seoul Metropolitan Government, and that the victim Ha was talked with I and talked on the street, and that the victim Dad and Had the victim was able to talk with the victim, and that the victim was forced by indecent act.

B. The Defendant resisted that the Defendant committed an indecent act against H by the victim A (the 30-year-old) and the victim C (the 30-year-old) committed an indecent act against the Defendant at the time, place, and place described in Paragraph 1, and assaulted the victims when the Defendant was obses of the victim A, the victim was fluent, the victim was fluent, the victim was fluent, and the victim was fluent by her hand, and the victim was fluentd.

2. Defendants A and C jointly committed an indecent act against the Defendants’ Ha in the date, time, place, and victim D (52 years of age) at the time and place described in paragraph (1). The Defendants C committed an indecent act against the Defendants’ Ha, Defendant C’s arms, Defendant A when the victim’s face was taken by drinking, Defendant A was shocked from the victim’s face due to its shock, the victim was over, Defendants were walking the victim several times due to their shock, and the victim had no two open measures for approximately six weeks of treatment.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of a witness A, B, C, and D;

1. Each legal statement of the witness H and J;

1. Each prosecutor's interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Defendant A and C of the pertinent Act on the Punishment of Violences, etc.: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (Selection of Imprisonment): Articles 298 and 260 (1) of the Criminal Act (Selection of Imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act (Defendant C) of the suspended execution;

1. Defendant A, C, and the defense counsel of the above Defendants regarding the Defendants’ assertion of the Social Service Order (Defendant C) Article 62-2 of the Criminal Act and the defense counsel.

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