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(영문) 인천지방법원 부천지원 2017.09.21 2017고단1871
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

On April 19, 2017, at around 03:35, the Defendants were under the influence of the victim D(37 years) and victim E(36 years) while they were under the dispute with the taxi driver who stopped in relation to the progress of the vehicle on which the Defendants were on board in the front of Gangnam-gu Seoul, Seoul. As such, the Defendants were able to take care of the victims of the defect.

Accordingly, Defendant A, who was aware that the victims were faced with the Defendants, took three times the face of the victim D, walked up to the center of the victim D, walked up three times, and walked up on the part of the victim’s left side. Defendant B again pushed up on the road surface to be pushed up by the victim D, Defendant A crypted up three times with the victim’s left face, Defendant A crypted up to three times with the victim’s body, and fright up up to the road surface of the victim E with the victim’s body, and fright up to three times with the victim’s face face, Defendant B cry up to two times with the victim’s face part, and return the victim’s head E to the victim’s head.

As a result, the Defendants assaulted the victim D jointly, and suffered injury to the victim E during approximately six weeks of medical treatment, outside the left-hand string and the framework of the victim E.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement made with respect to D, E, and F;

1. On-site CCTV inspection;

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

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the same Act concerning the selection of each punishment, 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 each choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Code for the aggravation of concurrent crimes.

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