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(영문) 서울서부지방법원 2018.09.07 2018고단2047
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A and C shall be punished by a fine of KRW 3,000,000, and Defendant B shall be punished by a fine of KRW 4,000,00.

The defendants are the defendants.

Reasons

Punishment of the crime

[criminal history] On June 26, 2018, Defendant C was sentenced to a suspended sentence of three years on July 4, 2018 by imprisonment with prison labor for special larceny at the Seoul Western District Court (Seoul Western District Court) and the judgment became final and conclusive on July 4, 2018.

[2] The Defendants, on January 4, 2018, may incur money from the Defendant to the victim D (19 tax) in a park adjacent to the Gi-ro apartment unit located adjacent to Eunpyeong-gu Seoul Metropolitan Government, Eunpyeong-gu, Seoul, with a joint signature of 46-7-gil-7, around 02:0.

D. Defendant A sent to the purport that the victim would not pay the money, and Defendant C would do so with the face of the victim with the floor of drinking and hand. Defendant C would do so.

The term “high” and “the victim’s face is removed from the body of the victim, and the victim’s face was removed from the body of the victim’s face by drinking and hand. The Defendant B sent the victim’s face to the body of the victim.

As a result, the Defendants jointly inflicted an injury on the victim, such as dump dump, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (elective of imprisonment) concerning the crime;

1. Defendant C who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act is agreed upon by all the Defendants with the victim; the degree of injury is relatively excessive; the Defendants’ criminal records and participation degree; equity in the case of Defendant C at the same time with the special larceny as indicated in the judgment; and other sentencing conditions, such as the Defendants’ age, sexual conduct, intelligence and environment; relationship with the victim; motive, means and consequence of the crime; and the circumstances after the crime, etc., shall be determined as ordered in consideration of all the following factors.

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