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(영문) 서울중앙지방법원 2018.11.22 2018고단5354
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A and C Imprisonment for 8 months, Defendant B, D and E, respectively, shall be punished by imprisonment for 10 months.

However, Defendant A, C, and D.

Reasons

Punishment of the crime

[Criminal Records] Defendant B was sentenced to imprisonment with prison labor for 8 months in Seoul Southern District Court for a violation of the Punishment of Violences, etc. Act (joint injury) on May 11, 2018 and the judgment became final and conclusive on the 19th of the same month.

Defendant

E on February 23, 2018, after being sentenced to six months of imprisonment with prison labor by the Seoul Central District Court, on June 23, 2018, the judgment was finalized on June 23, 2018.

[2] On January 1, 2018, at around 06:40, the Defendants: (a) in front of G cafeteria located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, on the ground that Defendant B had a visual dispute with the I and eye of the victim H (32 3) on the ground that Defendant B had a common sense; (b) Defendant E, the first day of Defendant B, who was the first day of the above H, was pushed down with the shoulder of the victim J (24 years) who was the first day of the said H; and (c) Defendant E, the first day of the said H, was pushed up with the Defendants and the victims.

Defendant

D and Defendant B were unable to move the above H. Defendant A’s face at a time of drinking, Defendant C continued to leave the above H’s face, Defendant C went beyond the floor by cutting down the above H’s timber, and Defendant E was at the time of the above J in order to restrain the Defendants from driving through drinking and fishing.

As a result, the Defendants jointly inflicted injury on the victim H, such as the inside and the mouth of internal walls, which require approximately six weeks of treatment, and assaulted the victim J.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against H and J;

1. A victim H superior photograph, each CCTV extractor, and a written diagnosis of injury;

1. Previous criminal records (defendant B and E): Inquiry into criminal records, report on investigation (report on confirmation of criminal records, etc.), and application of each statute of the judgment;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence) and Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and each choice of imprisonment with prison labor;

1. Article 37 of the Criminal Act for concurrent crimes (defendant B and E): Provided, That Article 39 (1) shall apply;

1. Aggravation of concurrent crimes (the Defendants).

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