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(영문) 서울북부지방법원 2014.10.16 2014고단321
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

The Defendants, around 03:20 on December 24, 2013, on the grounds that the victim G (the 40-year-old age-old age-old) who franks alcoholic beverages at the “F cafeteria” located in Gangnam-gu Seoul Metropolitan Government E, and flasing music, are the victim G and the victim H (the 42-year-old age-old age-) who flasing and drinking.

In addition, fighting has been fighting out of the restaurant.

The Defendants set up against the victims, and Defendant A was able to take the face of the victim H by drinking, Defendant B was able to take the face of the victim G by drinking, Defendant B was satisfing the victim G by using the part of the victim G while walking the part of the victim G by walking the part of the victim G, and the head and body part of the excessive victim G in a number of times by generating their head and body part.

As a result, the Defendants jointly inflicted an injury on the victim H by suffering from an injury on the part of the part of the slock in the slock in need of a two-day medical treatment, and inflicted an injury on the victim G by cutting off the slock in need of a eight-day medical treatment.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of the witness H, G, and I;

1. Application of Acts and subordinate statutes to the medical certificate of injury, each photograph, and opinion;

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment;

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

1. Although the result of the damage to the victim G with the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is considerably significant, the sentence is determined as per the Disposition, taking into account the following: (a) the victim G singing out and singing in the restaurant; (b) the defect in the conduct of disturbance, such as singing in the restaurant; (c) the victim H singing out; and (d) the victim H sing out first to the back of the body of Defendant A, and the crime of this case was committed; (d) the victims were considerably responsible; (e) deposited KRW 15 million for the victim; and (e) the fact that the Defendants

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