(영문) 서울중앙지방법원 2015.06.25 2014고정2194

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자간(%)

(영문) 서울중앙지방법원 2015.06.25 2014고정2194

폭력행위등처벌에관한법률위반(공동상해)

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

On December 22, 2013, around 16:20 on December 22, 2013, the Defendants: (a) followed the victim H (the 34 years of age) and the 34 years of age; and (b) Defendant A led the victim to his arms, a church believers; (c) Defendant C got the victim’s arms to get out of the church; and (d) Defendant C got the victim’s arms to get out of the church; and (c) Defendant B pushed the victim in the rear part of the victim.

Defendant B continued to go beyond the floor of the body of the victim, referring to the victim as "the victim was fit to the surrounding people," and referring to the carmera, which gives rise to this form, thereby conflicting with the carmeras, which led to a collision with the victim.

Accordingly, the Defendants jointly committed violence to the victim.

Summary of Evidence

1. Statement of the witness H to the effect that the Defendants assaulted as recorded in the judgment at the date and place of the fourth trial record as stated in the judgment;

1. As a result of the reproduction of video-recordings (Investigation Records No. 59), the results of the reproduction of CCTVs, the results of audio-visual viewing, as a result of audio-visual viewing, the application of Acts and subordinate statutes to video-recordings (fil: H related to the complainants);

1. The Defendants: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the selection of fines

1. Defendants to be suspended from sentence: Fine of 300,000 won; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants of suspended sentence: (a) there are circumstances under which the Defendants appear to have caused the dispute with some members of G including the Defendants under Article 59(1) of the Criminal Act without any particular reason; (b) the extent of damage suffered by the victims of the instant crime is minor; (c) there is no criminal record for the Defendants B and C; and (d) there is no criminal record for the Defendants A and there is no criminal record for the same kind of crime.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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