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(영문) 서울중앙지방법원 2014.04.22 2013고단7618
상해
Text

Defendant

A shall be punished by imprisonment with prison labor for up to three million won, Defendant B and C, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A and B are between themselves aware of their business, and Defendant C is a part of Defendant B’s society.

1. At around 03:20 on June 30, 2013, Defendant A, while drinking alcohol at “I” alcohol house located in Dongjak-gu Seoul Metropolitan Government H, Defendant A, as seen earlier, heard fint from the wife of the victim B (the age of 43) who was drinking in the toilet before the toilet, the Defendant became a dispute with each other with the following: (a) the victim, who had drinking alcohol on the other side of the drinking house, said that finant and the victim, who had drinking alcohol, finite, was called as “a good drinking education.”

The Defendant, while fighting with the victim and flaps, fighting with each other within the foregoing alcohol house, assaulted the victim's face and chests from outside, and flapsed the victim's face and chests in drinking once again, and duplicating the fingers for about three weeks, and duplicating the fingers for treatment.

2. Defendant B and C’s joint criminal conduct prices the victim’s face in drinking by setting up against the victim A’s assault at the date and time and place specified in paragraph (1). Defendant C had the victim’s face at a number of times by taking advantage of the gaps in which the victim is wraped with Defendant B, and Defendant C had the victim’s face at a number of times, and continued to have the victim’s face up to the floor due to an outbreak, and followed the victim’s face once.

As a result, the Defendants jointly put up the body of the victim in need of approximately three weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Each legal statement of witness B and C;

1. Statement of the police statement to J;

1. Investigation report (packer telephone statement);

1. Each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article applicable to criminal facts;

(a) Defendant A: Article 257(1) of the Criminal Act (Selection of Fine);

(b) Defendant B and C: Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act

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

1. Article 62(1) of the Criminal Act, each of the suspended execution (Defendant B and C)

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