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(영문) 서울동부지방법원 2015.07.22 2015고단849
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, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

During the period of drinking in the "E main point" located in Gwangjin-gu Seoul Special Metropolitan City, the Defendants came out of the victim and the Si, who expressed his or her interest to the female-friendly group of women of the Defendant A, and came out of the main place.

Defendants around 05:00 on December 27, 2014, at the parking lot behind the Seoul Gwangjin-gu Seoul Special Metropolitan City building located near the main place, Defendant A took the front side of the victim's face by drinking the victim's bridge while drinking the victim's bridge. Defendant B took the front side of the victim's face and left the chest on several occasions.

As a result, the Defendants jointly inflicted injury on the victims, such as the cutting of internal walls that require approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. A copy of the police statement concerning F;

1. Damage photographs;

1. A medical certificate;

1. Investigation report (specific as a suspect), investigation report (the result of CCTV video-recording reading in parking lots);

1. Application of the Acts and subordinate statutes to a photograph of parking lot CCTV-fags, screen-North photographs, and screen-recording images of parking lot CCTVs;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] general injury (general injury) is not limited to the basic area (4 to 1 year and 6 months) [decision of sentence] the victim did not have been exempted from having provided the cause of assault. However, the defendants assaulted the victim avoiding the place.

Defendant

B initially appeared to be fighting, but immediately assaulted the victim with the defendant A, and the degree of injury of the victim is not weak.

The agreement with the victim was not reached, and the parents of the victim were the parents.

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