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(영문) 서울남부지방법원 2019.01.23 2018고단5153
폭행등
Text

1. Defendant A shall be punished by imprisonment for a period of eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendants are de facto marital relations, and victims C(32 years of age) and victims D(29 years of age) are marital relations.

1. Defendant A around 01:00 on December 21, 2017, at “G” managed by the victim F of the victim F in Gangseo-gu Seoul Metropolitan Government, the Defendant asserted the Defendant’s friendship I with the Defendant’s friendship I, when the victim C makes a horse with the victim’s face part of the victim C, once the victim’s face part of the victim’s wife C, which was beyond the floor, was cut off on one occasion, and added to the tebb, which was located there.

Accordingly, the defendant assaulted the victim C and the victim D respectively, and damaged the victim F's property.

2. Defendant B, at the same date, at the same time, and at the same place as the above Paragraph (1) above, the victim D fighted with A and C, which was a dangerous object in which the Defendant and C fightd with the victim, was faced with the face of the victim.

As a result, the defendant carried dangerous objects and carried them about two weeks of medical treatment, which is necessary for the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements among the police interrogation protocol regarding C;

1. Statement to J police officers;

1. Written statements of D;

1. An injury diagnosis certificate (D);

1. Application of parts of the damage to property, photographs of damaged parts, and statutes governing the damage photographs;

1. Relevant Article of the Criminal Act and Article 260(1) of the Criminal Act; Article 366 of the Criminal Act; Article 256 of the Criminal Act; Article 258-2(1) and Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The unfavorable circumstances for sentencing under Article 62-2 of the Criminal Act: the Defendants, at the new wall time, destroyed the fighting match, and exercised violence against the victims who resist the fighting.

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