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(영문) 서울중앙지방법원 2017.09.21 2016고단9122
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of three thousand won,00,000 won, respectively.

Defendant

B and C shall be subject to the above fine.

Reasons

Punishment of the crime

Defendant

A and Defendant B are related with each other, and Defendant C is a person who operates “Fing”.

1. In full view of the application of the Act on the Punishment of Violences, etc. by Defendants A and B (joint injury) and the written indictment, etc., the victim of the joint injury in this part is H, and C is clear that it is not the victim. As such, the facts charged in the indictment are corrected ex officio and recognized.

Defendant

A around 03:20 on July 5, 2016, around 03:20, Defendant B changed the room to C, victim H (n, 25 years old) from the “F 1st floor” under the Gangnam-gu Seoul Metropolitan Government G underground, Gangnam-gu, with the discharge. However, C and the victim H did not change the room and changed to the Defendants.

했다는 이유로 화가 나, 피고인 A는 피해자 H의 빰을 때리고 머리채를 손으로 잡아당기고 흔든 다음 발로 가슴을 차 폭행하고, 피고인 B는 C의 목덜미를 손으로 잡아 밀쳐 넘어뜨리고 머리채를 붙잡아 잡아당기는 방법으로 폭행하였다.

In the end, the Defendants jointly assaulted the victim H as above and inflicted on the victim H an injury such as dyebing, syeing, salt, etc., which requires approximately two weeks of treatment.

2. In full view of the law applicable to Defendant C’s violation of the Punishment of Violences, etc. Act (joint injury) and the facts charged, the victim of the joint injury in this part is A, and since it is apparent that Defendant C is not the victim, the facts charged in the indictment shall be corrected and recognized ex officio.

The Defendant, along with his husband and wife, assaulted the Victim A in such a way that he was frightened by cutting off the Victim A’s shoulder, cutting off the Victim A’s shoulder, cutting off the Victim B’s shoulder by hand, and assaulted the Victim A’s head debt by hand at the same time and place as set forth in the above paragraph (1).

Ultimately, the Defendant, jointly with H, assaults the victim A as above.

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