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(영문) 서울중앙지방법원 2013.05.08 2013고단1312
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine not exceeding two million won.

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

Defendant

A and Defendant B are trade companies as “C” members.

Defendant

B around October 25, 2012, around 23:30 on October 25, 2012, the victim E lent tobacco to the Defendant at the Gangnam-gu Seoul Daoman Bank, by misunderstanding that the victim E was frighting to the Defendant, and by making the victim E the victim E “I ambling, I ambling, I ambling.”

Accordingly, when the victim F (M, 36 years of age) of the above E, said E, said E, said E, “Is the victim E”, Defendant A was scambling the victim F’s head debt, scambling the victim F’s head debt, making the victim’s head debt on drinking and hand, and scambling the victim G(M, 36 years of age)’s head debt, making the victim’s cambling the victim’s cam, and followed the verbal face twice.

In addition, Defendant B combined with this, he saw the victim E’s bat, spherd several times, and sphered the victim G in both hands.

As a result, the Defendants jointly assaulted the victims, and inflicted injury on the victim G, such as an injury to the victim G during 28 days of treatment, injury to the victim F for 21 days of treatment, and injury to the victim E, such as an injury on the part of the non-number of treatment days of treatment days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and E;

1. A report on investigation (report on the contents of telephone conversations between victims);

1. Each injury diagnosis letter (victim G, F);

1. Application of Acts and subordinate statutes of each injury photograph (victim G, E, F);

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

1. Selection of a penalty (defendants) and the selection of a fine;

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

1. Articles 70 and 69(2) of the Criminal Act for detention in a workhouse (the defendants);

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, respectively.

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