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(영문) 서울서부지방법원 2014.04.23 2013고단3340
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

A A Fines 2,00,000 won, Defendant B’s imprisonment with prison labor for one year and six months, and Defendant C’s fine for negligence for KRW 1,500,000.

Reasons

Punishment of the crime

1. Joint Offences by the Defendants: (a) around 07:30 on April 6, 2013, the Defendants jointly listened to the words “F” from the victim G (ma, 29 years of age), H (ma, 29 years of age), I (ma, 29 years of age), I (ma, 29 years of age) who was a nearby customer while avoiding disturbance at the main point of “F” located in Mapo-gu Seoul, Mapo-gu, Seoul; (b) the Defendant C took the face of the victim H one time at his son’s hand; (c) the Defendant B took two faces of the victim H; and (d) the victim I’s face one time each; and (d) the Defendant A took three times again, and Defendant A took part in the part of the victim G with the victim’s son’s face one time; and (d) the victims who did the victim’s knbly and pushed up the victim’s h.

2. Defendant B’s crime: at the same time, at the same place as in the preceding paragraph, the Defendant: (a) collected salted steel stuff, which is a dangerous object on the table while saving the victims as in the preceding paragraph, so that the victims are able to come up with the face of the victim H, thereby cutting down the victim’s crypted to his nose in the days of treatment.

Summary of Evidence

1. Defendant A and C’s respective legal statements, Defendant B’s partial legal statements

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement related H;

1. A written statement of I;

1. Each report on investigation;

1. Application of on-site photographs and Acts and subordinate statutes governing injuries;

1. Article applicable to criminal facts;

A. Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, and Article 260 of the Criminal Act (the point of joint assault and the selection of fines)

B. Articles 3(1), 2(2) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault and the choice of imprisonment), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of injury by carrying a deadly weapon)

1. Aggravation of concurrent crimes (the defendants) Articles 37 (former part), 38 (1) 2 and 50 (1) of the Criminal Act.

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