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(영문) 서울서부지방법원 2017.12.13 2017고단296
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of one million won, and by a fine of two million won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

【Defendant A, on June 22, 2016, was sentenced to a suspended sentence of three years for robbery at the Seoul Western District Court on one year and six months, and the said judgment became final and conclusive on September 9, 2016.

【Criminal facts】 On August 26, 2016, around 03:54, at the front of the Eunpyeong-gu Seoul Metropolitan Government, the victim D (the remaining, the age of 36) who passed the place was set to the light of the passenger car driven by Defendant B, and the test cost was set to the light of the passenger car driven by Defendant B, E was handed down by his hand, Defendant A was pushed down with the victim’s chest, Defendant A was pushed down with the victim’s chest, Defendant B was tight back with the victim’s hair, Defendant B was frighted with the victim’s face by drinking, and Party B was frighted with the victim’s hair.

As a result, the Defendants assaulted the victims in conjunction with the above E, and put up the body of the bones, which requires approximately three weeks of treatment to the victims.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Partial statement of witness E;

1. Some statements concerning the Defendants in the police interrogation protocol

1. Each police statement made to D or G;

1. A written diagnosis of injury;

1. A detailed statement of processing reported cases and investigation report (to hear statements by the reporting person 112);

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation [the existence or scope of the Defendants’ liability for compensation is unclear by mutual consent with the victim only] [The Defendants did not exercise the victim’s tangible power at all, and the E did not have the victim’s head debt, thereby denying the crime.

However, D and G are from the investigative agency.

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