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(영문) 서울중앙지방법원 2012.12.18 2012고단6248
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and by imprisonment of 8 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

The victim C is a Chinese national ship, and the defendant A and the defendant B became a friendly family, and around 00:05 on September 18, 2012, the victim C made a counter-end in the Gwanak-gu Seoul Special Metropolitan City Dhop to the defendant B.

On September 18, 2012, at around 00:05, Defendant B, on the street in Gwanak-gu, Seoul Special Metropolitan City, had the right face of the victim C in drinking, walked the victim’s distribution and bridge, respectively, on two occasions, and Defendant A sustained an injury, such as flabing the victim’s spath, spathing, booming the victim’s spath, taking the victim’s neck as her hand, and taking the victim’s neck into her hand, thereby causing about four weeks injury to the victim.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning suspect interrogation of C;

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

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

1. Determination of a fine to Defendant A, and selection of imprisonment to Defendant B (in the case of Defendant A, the degree of assault and the degree of participation in the crime is minor, and the absence of a criminal record, the selection of a fine shall be made in consideration of

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

1. Suspension of execution (Defendant B) Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act)

1. Community service order (Defendant B) Article 62-2 of the Criminal Act;

1. An order of provisional payment (Defendant A) Article 334 (1) of the Criminal Procedure Act;

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