(영문) 서울동부지방법원 2014.04.30 2014고단440

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(영문) 서울동부지방법원 2014.04.30 2014고단440

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2014, at around 00:35, the Defendants: (a) 00:35, on the street of the subway No. 2 from the subway No. 6 in Seongdong-gu, Seoul, the Defendant A, on the ground that he was boarding a taxi driven by the victim D (the age of 52) to answer his questions; and (b) the victim did not answer his questions; and (c) Defendant A, upon receiving the victim’s demand for the discharge from the vehicle, got off the victim more than twice, followed the victim’s clothes by getting out from the vehicle, and immediately after receiving the victim’s demand for the discharge from the vehicle, the Defendants took part in twice the victim’s face at a time, and followed the victim more than the shot.

As a result, the Defendants jointly put up the eroop aggregate and the eroopic base in need of treatment for about 14 days to the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] The general injury [Special Convicts] - The reduction element of punishment [Determination of the recommendation area] The mitigation area / [Scope of the recommendation area] two months to one year / [Determination of the sentence] both of the Defendants are violent crimes (in particular, there are many kinds of defendants A), contrary to them, and the victim and the victim do not want the punishment of the Defendants by mutual consent.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

-형법 제62조 제1항

-형법 제257조 제1항

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