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(영문) 서울북부지방법원 2017.11.29 2017고단3936
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A and D Imprisonment for eight months, each of them shall be punished by imprisonment for six months.

However, Defendant B and D.

Reasons

Punishment of the crime

The defendants know to each other in the Eastern and know to know to the same kind, and know to know to be a kind of relationship.

The Defendants, who are the victim F(23) of the victim F(23) who is the victim with intellectual disability 2nd degree 2, had been dissatisfied with the Defendant A’s contact with and approach to the female-friendly G of the victim, and had the victim sleeped into a group with the victim.

On June 24, 2017, around 22:10 on June 24, 2017, the Defendants offered the victim at the entrance entrance of Dobong-gu Seoul Metropolitan Government 98-9, Dobong-dong, and followed the issue of contact between the victim and ordinary G. Defendant D voluntarily sent the victim’s face and face.

이어서 피고인 A은 손바닥으로 피해자의 뺨을 4~5 회 때리고, 피해자를 바닥에 넘어뜨린 후 발로 피해자의 몸을 수회 걷어찼다.

Then, the Defendants got off the part of the victim by hand and knee of knee of the victim, such as the victim's knife, knife the victim's knife on the floor successively, walking the victim by an outbreak, and drinking the victim's knee.

As a result, the Defendants jointly inflicted the injury on each side of the victims, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, H, I, and J;

1. A damaged photograph;

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

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

1. Defendant B and D: The reasons for sentencing under Article 62(1) of the Criminal Act committed the instant crime by assaulting the victim who is a intellectual disabled person and causing serious injury to the victim; Defendant A committed the instant crime under the leading direction, such as having the victim enter the place of crime; Defendant C committed the instant crime during the period of suspended execution; Defendant C committed the crime with severe violence; Defendant C did not receive a letter from the victim; and the Defendants committed the instant crime after the instant crime.

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