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(영문) 서울동부지방법원 2015.09.23 2015고단1045
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant G shall be punished by a fine of 2,00,000 won.

Defendant

G The above fine.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to imprisonment with prison labor for 6 months at the Seoul East Eastern District Court on January 15, 2014 and is still under suspension of execution for 2 years.

Defendant

G On April 23, 2015, the Seoul Eastern District Court sentenced two years of suspension of execution to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) and became final and conclusive on May 1, 2015.

【Criminal Facts】

1. On September 24, 2014, around 20:20 on September 24, 2014, Defendant A driven a motor vehicle for the E SP on the front road of Gwangjin-gu Seoul Special Metropolitan City, and the victim J(S 41) and the vehicle traffic problem were put into time. G, the defendant on the top of the car operation level, was put into time with the victim and time.

The Defendant reported that the victim did a dispute with G immediately in front of the said car, and got kneeee of the victim’s right with the foregoing car, which is a dangerous object, and got approximately two weeks of treatment to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant G assaulted the victim four times as a son during the time, place, etc. set forth in paragraph (1) on the same ground.

Summary of Evidence

1. Legal statement of the witness J;

1. Some statements made by the prosecutor in the suspect interrogation protocol against the Defendants (including the statement made by the J)

1. Three copies of a medical certificate of injury, a vehicle lease contract, and photographs;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (the fact that a judgment rendered on April 23, 2015 against a suspect becomes final and conclusive)-related Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act;

B. Defendant G: Article 260(1) of the Criminal Act; selection of fines

1. Defendant G for concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendant A with discretionary mitigation: Articles 53 and 55 of the Criminal Act.

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