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(영문) 서울남부지방법원 2020.03.27 2020고정303
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 23:40 on July 24, 2019, the Defendant and B met with the victim E (54 years of age) who had drinking as the “Dju store” in front of the “Dju shop” in Guro-gu Seoul Metropolitan Government C and the first floor, and therefore, the victim E (54 years of age) who had drinking as the same, was assaulted against the victim E with the drinking face, etc. while drinking.

The Defendant and B assaulted the victim’s breath immediately after the breath was bread, boomed the floor in the event that the victim’s breath was bread by drinking, and bread the face, head, and telegraph.

The Defendant and B jointly assaulted the victim as above, thereby resulting in an injury requiring medical treatment for 28 days (4 weeks) by leading the victim to a scambling to the left side of the upper half of the upper half of the lower half of the lower half of the lower half of the lower half of the lower half of the lower half of the lower half of the lower half of the lower half of the lower half of the lower half of the lower half of the year.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol on E and B;

1. A written diagnosis of injury;

1. Bodily damaged photographs;

1. Application of Acts and subordinate statutes to a closure of field video images;

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that the degree of injury suffered by the victim due to the sentencing of Article 334(1) of the Provisional Payment Order is not less exceptionally. However, under the influence of alcohol, the victim, who is the latter part of the same period, was able to take into account the following factors: (a) the victim appears to have used violence first against the defendant; (b) the degree of participation or assault appears to have been more severe; and (c) the balance between punishment B (1 million won of fine) and the victim’s agreement paid to the defendant and the victim, which appears to include approximately KRW 300 to 3.5 million of the defendant’s burden (see court statements, police interrogation protocol of the defendant, and police interrogation protocol of the defendant) and other character, character and behavior of the defendant.

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