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(영문) 서울북부지방법원 2017.01.25 2016고단2892
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment became final and conclusive, Defendant A and Defendant C.

Reasons

Punishment of the crime

On March 20, 2016, at around 18:02, the Defendants drinked with the victim E and drink in a street park located in Jung-gu Seoul, Jung-gu, Seoul. 461-3, and Defendant B took the breath’s face and taken the breath face in drinking. Defendant A took the breath of the victim’s face in drinking, and Defendant C took the breath of the closed breath of the 42-day breath, which requires treatment for about 42 days to the victim.

Accordingly, the Defendants jointly inflicted injury on the victim.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness E;

1. He/she shall make a statement to E in the police interrogation protocol concerning B;

1. A protocol concerning the interrogation of suspects of E;

1. On-site photographs of the case;

1. At the time of the appearance B, the attachment of the appearance A, the attachment of the appearance C at the time of the appearance C, and the E damaged photograph;

1. E medical certificate;

1. Results of the reproduction of visual CCTV images at the site of the case [Defendant A and Defendant C did not assault the victim]

However, according to the above evidence, it is sufficiently recognized that the above defendants jointly caused the injury to the victim as stated in the facts of crime.

Application of Statutes

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 2 (2) 3 of the Punishment of Violences, etc., Article 257 (1) of the Criminal Act, and selection of imprisonment with prison labor;

1. Defendant A and Defendant C: Article 62(1) of the Criminal Act;

1. Defendant A and Defendant C: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: From January to June 10 each imprisonment;

2. Injury (1, 4 types) serious in the increased area (6 months to 2 years) (referring to a special aggravated person) in accordance with the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] general in accordance with the sentencing guidelines.

3. The fact that the degree of injury suffered by the victim who was sentenced to the sentence is serious, that there is no effort to recover damage entirely, and that the Defendants were subject to criminal punishment (Defendant A).

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