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(영문) 서울중앙지방법원 2020.11.25 2020고단3433
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. On November 13, 2019, the Defendants violated the Punishment of Violences, etc. Act (joint injury) committed at around 12:40 on November 13, 2019, the victim E (ma, 35 years of age) and vision in the “D” corridor located in Seocho-gu Seoul Metropolitan Government, as well as the victim E (ma, 35 years of age) and booms the victim's face, and booms the victim's face. Defendant B fright the victim's face, and Defendant A suffered from the victim's injury, such as a chest pressure that requires 84 days of treatment and a bridge that requires 28 days of treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

2. The Defendants in violation of the Punishment of Violences, etc. Act (joint assault) went beyond the floor by drinking together the face of the victim F (ma, 47 years old), G (ma, 25 years old) who works in E at the time and place specified in paragraph (1).

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Each police interrogation protocol of the Defendants’ respective legal statements G, F, and E

1. Application of Acts and subordinate statutes to two damaged photographs of the report on investigation into the G and E's written statements (the analysis of CCTV CCTV images) and the written diagnosis of injury;

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence) and the choice of a sentence for the crime, shall be punished by imprisonment, respectively;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the two crimes);

1. Defendants subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not more than 14 years and not more than 6 months;

2. The scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Violation of the Punishment of Violences, etc. Act (joint injury);

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