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(영문) 서울중앙지방법원 2013.05.28 2012고정4716
폭력행위등처벌에관한법률위반(공동상해)등
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Defendant

A shall be punished by a fine of 300,000 won, and Defendant C shall be punished by a fine of 700,000 won.

Defendant

A and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. At around 02:25, around July 6, 2012, Defendant A and C were waiting to board a taxi in front of the exit of Dongjak-gu Seoul Metropolitan Government, the victim E and F sent the taxi in the middle of the middle, following the fact that the victim E and F were being waiting to board a taxi in front of the exit area No. 13 of the Dongjak-gu, Seoul Metropolitan Government.

Accordingly, Defendant C, with the floor of hand, put the body of the victim E by her hand at one time, put the victim E by hand, her hand, her body, and her knife off the victim E, and Defendant A her her knife with the victim E by hand.

As a result, Defendant A and C jointly put on the victim E brain-dead ground that requires approximately three weeks of medical treatment, salvine and salvine, salvine, dypine, dypine, typine, salvine, etc.

2. Defendant A, and C, at the above date and time and at the above place, had each other scambling for the following reasons, Defendant A, who scambling the victim F, got off the victim F by cutting off the bank with the victim F.

As a result, Defendant A and C assaulted Victim F jointly.

Summary of Evidence

1. Each legal statement of the defendant A and C

1. Each legal statement of witness E and F;

1. A photograph of each damaged part of the investigation record (35-37, 62-64, 79 pages);

1. Application of the written diagnosis (investigative records 97 pages) Acts and subordinate statutes;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury and the selection of fines), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence and the selection of fines) concerning the crime;

1. Defendant A and C from among concurrent crimes: former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination as to the assertion of Defendant A, C, and defense counsel under Articles 70 and 69(2) of the Criminal Act

1. The point of Defendant A and C’s self-defense, and joint injury by asserting legitimate acts.

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