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(영문) 서울서부지방법원 2016.04.29 2015고단3074
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 07:00 on November 1, 2015, Defendant A, a joint crime committed by the Defendants, on the ground that he/she did not go to the victim E (n, 27 years of age) who was faced with himself/herself at the crosswalk on the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, and reported himself/herself to the police instead of putting him/her at the police, who saw him/her to go beyond the ground floor by leading the victim's head debt, and walk up twice the body of the victim, she walked up to the ground floor by leading the victim's head debt, and she gets off the victim's body, which is a dangerous object from his/her side, and the victim's body was dried up by taking up the victim's head head, who was in excess of the victim's head, and the victim's body was dried up.

As a result, the Defendants jointly carried dangerous objects and inflicted injury on the victims, such as cerebral alky, which is in need of treatment for about seven days.

2. Defendant B, as described in the above paragraph (1) at the date and time, and at the place specified in the above paragraph (1) above, she saw one handbagbag in the market value of the victim’s possession, which was located far away from the victim’s side while leaving the place, and thereby stolen the victim’s “Handbag” worth 170,000 won.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. Each police statement made to E and F;

1. A criminal investigation report (on-site CCTV search and confirmation of the scene of crime, etc.), and one CD recording on-site CCTV;

1. Application of Acts and subordinate statutes on the treatment of injuries, certificates of medical records, photographs of the victim's upper part of the body, and statutes on the treatment of reported cases;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

(b) Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 329 of the Criminal Act (the point of section 1)

1. Defendant B who was selected to be sentenced to imprisonment: The choice of imprisonment;

1. Aggravated concurrent crimes by Defendant B: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A to be mitigated of quantity: Criminal Act.

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