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(영문) 서울중앙지방법원 2016.09.26 2016고단3978
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On October 8, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on October 16, 2014.

[ 범죄사실] 피고인은 B(2016. 6. 28. 기소유예) 과 공동하여 2016. 6. 2. 23:40 경 서울 강남구 C에 있는 D 식당 앞 노상에서, 피해자 E(47 세) 가 승용차를 운전하면서 클락션을 울렸다는 이유로 격분하여 피고인은 운전석 쪽 창문을 통해 주먹으로 피해자의 얼굴을 수회 때리고, 운전석 문을 열어 피해자의 멱살을 잡고 끌어내린 후 주먹으로 피해자의 얼굴을 수회 때리고, B은 바닥에 넘어져 있는 피해자를 발로 2회 걷어찼다.

As a result, the defendant and B jointly inflicted injury on the part of the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions and relationship);

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the choice of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 12 times as a fine for the defendant, and one time as a suspended sentence of imprisonment, and despite the fact that the defendant was under suspended sentence, he committed the principal crime. The case is that the victim was inflicted an injury on the part of the victim solely on the ground that the victim was committed by the defendant while driving the crime, and the nature of the crime is very poor.

However, the criminal records of the probation of the defendant are not the same crimes as this case, the degree of injury of the victim is not serious, the defendant is agreed with the victim, and the defendant.

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