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(영문) 서울동부지방법원 2018.07.25 2017고단4009
폭행
Text

Defendant

A and B shall be punished by a fine of 5,000,000 won, and Defendant C shall be punished by a fine of 1,000,000 won.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A around 05:10 on July 19, 2017, and around 05:10 on July 19, 2017, the victim B who suffered from the defect of the bath in telephone conversations “in telephone conversations, I wish to have a guest.”

“The face of the said victim was 2-3 times in front of the convenience store and drinking, and the face of the said victim was 10 times or more as drinking in order to speak fighting in the next place.” The face of the victim C who was selling the Defendant’s arms was 10 times or more.

Accordingly, the defendant assaulted victims.

2. The Defendants jointly committed the crime of Defendant B and Defendant C committed the crime at the time and place indicated in the above “1” clause, and for the same reason, Defendant B, who was to attach a vision to the victim for drinking in excess of the victim A, assaulted the victim’s face at five times after the victim went to drinking even after the fishing vessel. Defendant C assaulted the victim’s face by cutting the victim’s arms, cutting down the throps, cutting down the throps, and walking the victim’s face one time by walking the throps.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. G statements;

1. Application of Acts and subordinate statutes to a report on investigation (to listen to a statement by a wooden shot phone), investigation report (to listen to a statement by a wooden shot G phone);

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

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: Defendant A committed the instant crime without being involved in the suspended sentence due to a special injury even though it was during the suspended sentence period, and Defendant B and C committed the instant crime.

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