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(영문) 인천지방법원 2017.10.20 2017고단3942
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A KRW 10 million, Defendant B is punished by a fine of KRW 7 million, and Defendant C is punished by a fine of KRW 3 million.

Reasons

Punishment of the crime

1. On November 27, 2016, the Defendants jointly committed the crime of Defendant A and Defendant B: (a) mispercing that the victim C took a bath in front of the “H” located in Bupyeong-gu Incheon Bupyeong-gu, Incheon on November 27, 2016; (b) the victim took a bath; (c) the victim took a face of the victim at one time, and (d) the victim took the face of the victim at one time, and (e) the victim took the face of the victim at one time, leaving the victim up to the floor; and (e) Defendant B took the face of the victim used on the floor one time at one time, and (e) caused the victim to suffer injury, such as an influenite, which requires a medical treatment for about five weeks, such as an influenite, and an influenite surgery, which requires a medical treatment for six weeks.

As a result, the Defendants jointly assaulted the victim and inflicted an injury.

2. The Defendant C, at the time, at the time, and at the place specified in paragraph 1, mispercing the victim A’s desire to take the victim’s face one time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Any statement concerning the Defendants in part of each protocol of interrogation of the police officer

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (2) of the Criminal Act, Article 260 (1) of the Criminal Act, and the selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, it is reasonable to strictly punish the Defendant in consideration of the circumstances unfavorable to the Defendant A (including not only the records of having been punished several times for the same crime, but also the fact that the Defendant committed the crime during the period of repeated crime for the same crime, and the fact that the victim suffered relatively serious injury as a result of the instant crime).

However, there are circumstances that may be considered in light of the favorable circumstances [the fact that the defendant recognizes the crime and reflects its depth, and the circumstances and motives leading to the crime in this case (as stated in the facts charged).

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