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(영문) 서울중앙지방법원 2013.10.17 2013고단3970
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

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

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

Reasons

Punishment of the crime

1. On May 23, 2013: (a) around 03:10 on May 23, 2013, the Defendants jointly committed a crime: (b) on the ground that the victim E (the age of 18) and the victim F (the age of 18) are running in front of Seongbuk-gu Seoul Metropolitan Government D, and the Defendant A was running the face and body body of the victim E by drinking and launching, and (c) the Defendant B took the face and body body body of the victim E by combining it with drinking and drinking, and (d) took the body face and body body body of the victim E by driving.

As a result, the Defendants jointly committed the injury to the victim E, such as the franchisium, which requires approximately four weeks of medical treatment, and the injury to the victim F, which requires approximately four weeks of medical treatment.

2. 피고인 A 피고인은 위 일시, 장소에서 위 E, F의 일행인 피해자 G(19세), 피해자 H(18세)로부터 제지를 당하자 손으로 피해자 G의 멱살을 잡고, 오른발로 피해자 H의 왼팔을 걷어찼다.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E, G, H, and F;

1. The investigation report (related photographs);

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act, the choice of imprisonment - Defendant A: Article 260(1) of the Criminal Act, the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the decision of the type] of general injury [the scope of recommendation] 4 months - 1 year and 6 months [the treatment of multiple offenses] - 4 months - 2 years and 6 months (Defendant A) - April 2 years and 2 years and 3 months (the decision of the sentence] unfavorable: The defendants did not seem to be less vulnerable to the crimes committed by the defendants by assault or assault without any special reasons, and they did not completely recover from damage.

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