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(영문) 서울중앙지방법원 2017.10.12 2017고단3822
폭행등
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A around October 20, 2016, around 05:30 on October 20, 2016, along with D and D, was done for Defendant B’s bath and slick in a restaurant located in Gangnam-gu Seoul Metropolitan Government.

1. Defendant A

가. 폭력행위 등 처벌에 관한 법률위반( 공동 상해) 피고인과 C, D는 같은 날 06:30 경 서울 강남구 G에 있는 H 편의점 앞 노상에서 위와 같이 시비가 된 것을 기화로 감정이 격 해져, 피고인은 피해자 B(33 세) 의 얼굴을 주먹으로 수회 때려 바닥에 넘어뜨리고 넘어진 피해자의 복부를 발로 수회 차고, 이에 가세하여 C, D는 바닥에 넘어진 피해자의 몸을 주먹으로 수회 때리고, 발로 복부를 수회 찼다.

As a result, the defendant, C, and D jointly inflicted injury on the victim, such as about six weeks of medical treatment, about six weeks of the left-hand side, and about seven times of cage.

B. The Defendant assaulted the victim I (the 22 years of age) who restrains the said fighting at the time, time, place, etc. described in paragraph 1(a) by having the victim I (the 22 years of age) pushed the said fighting over the floor.

2. Defendant B assaulted Defendant B, at the time, at the time, at the place specified in paragraph (a) of Article 1, the appraisal of the things that became a trial expense was satisfyed by weathering the said things, making the victim C(33) take a back of the back of the body of the victim’s C(33) one time in drinking, and making the victim go beyond the floor by tightly pushing the body of the victim’s D(333) by hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against Defendants C and D

1. Statement made to I by the police;

1. Written Statement;

1. A medical certificate or an injury medical certificate;

1. Application of investigation reports (related to analysis of visual CCTV images and telephone communications between a witness J)-related statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, Articles 257(1) and 260(1) of the Criminal Act, and selection of fines

B. Defendant B: Article 260(1) of the Criminal Act.

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