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(영문) 서울중앙지방법원 2015.09.10 2015고단1155
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

1. 피고인들의 공동 범행 피고인들은 2014. 10. 29. 21:25경 서울 종로구 D 건물 1층과 2층 사이에 있는 화장실에서 피해자 E(61세)과 화장실 사용 문제로 시비가 되자, 피고인 B는 주먹으로 피해자의 얼굴을 수회 때리고, 피고인 A는 이에 가세하여 주먹으로 피해자의 얼굴과 몸을 수회 때리고 발로 피해자의 몸을 수회 걷어찼다.

As a result, the Defendants jointly put about two weeks of medical treatment to the victim.

2. Defendant A’s sole criminal defendant committed an injury to E and attempted to flee together with the above E, and the victim F (W, 58 years old), who was under the control of the above E, was the victim F (W, 58 years old), and the head and the arms of the victim were recovered by drinking.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral rupture, which requires medical treatment for about two weeks.

Summary of Evidence

1. The Defendants’ respective legal statements (the sixth court date) are in accord with each other;

1. Each statement of witness E in the third protocol of trial, and of witness F in the fifth protocol of trial;

1. Any statement made by a witness A in the fourth protocol of the trial, which fit for the witness A;

1. Statement made to the Defendants in compliance with each prosecutor's interrogation protocol

1. Statement made by each prosecution with respect to E and F;

1. Each police statement concerning E and F;

1. Each injury diagnosis certificate (E, F, and opinion statement (E);

1. Judgment on the assertion of Defendant A and Defendant B’s defense counsel

1. Defendant A alleged that there was no less time for the victim F at the time of the above crime. However, according to the records, the victim F was committed by Defendant A from the investigative agency to the court of this case, when Defendant A attempted to escape from the scene of the victim E while she was sleeped by the victim E, the victim F was unable to take the victim’s sleep or bridge. In that process, Defendant A was relatively consistent with the above criminal facts.

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