(영문) 서울남부지방법원 2019.03.27 2018고정1285

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(영문) 서울남부지방법원 2019.03.27 2018고정1285

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

At around 14:20 on May 6, 2018, the Defendants were a citizen of the People's Republic of China, and Defendant B took the face of the victim D(55 years of age) who frighted in front of Guro-gu Seoul, Guro-gu, Seoul, with the face of the victim D(55 years of age), taken the body of the victim who frights the victim by hand and fright the ground, and Defendant A took the face of the victim beyond the ground. Defendant A took the fright and fright side of the part, where the number of days of treatment cannot be known to the victim by assaulting the victim.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of police suspect regarding D;

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

1. Relevant Article of the Punishment of Violences, etc. Act and Article 2 (2) 3 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The circumstances favorable to the disadvantage of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendants all recognize the injury suffered by the victim (e.g., depression) and there are circumstances that can be considered in the course of the crime, such as the victim's display of friendly acid first, etc.; five million won was paid for the recovery of damage; the victim did not want the punishment; and there was no record of criminal punishment in the Republic of Korea; the defendants did not have the record of criminal punishment; the above circumstances and other conditions, including the defendants' age, character and conduct, motive and circumstance of the crime, means and consequence of the crime, etc.; the amount of fine for the summary order was partially reduced and sentenced as ordered.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

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