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(영문) 서울서부지방법원 2019.05.22 2019고단815
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A and B shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for eight months.

However, from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and Defendant C are foreigners of the other complete nationality.

At around 01:25 on March 10, 2019, Defendants jointly 01:01:25, on the 6th floor of Mapo-gu Seoul Metropolitan D Hotel, the hallwayed the disturbance of alcohol, and opened the entrance of the guest room and the hallwayed the snow, Defendant E (the 45-year-old) and Defendant A, who is in snow with the snow, opened the entrance of the victim’s guest room and opened the entrance at the inside of the victim’s guest room, and led the victim, leading the victim, and talked with the drinking and drinking and drinking. Defendant B and Defendant C were able to look at the victim’s face and body body when the victim’s body can be taken together with the drinking and drinking together with Defendant C, and all the Defendants continued to lose their consciousness and walked the victim’s head, so that the victim might be able to suffer about six weeks of medical treatment and the left side of the victim’s body, and suffered injury, such as cutting off the victim’s face and body.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement to E by the police;

1. A written statement;

1. A written diagnosis of injury;

1. Application of CCTV closure photographs and Acts and subordinate statutes on the part of the victim's bodily injury;

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of a sentence

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general injury [Class 1] general injury (special-speed person] and mitigation factors: Reduction area of punishment [the scope of recommendation area and recommendation range] mitigation area, imprisonment between February and October;

2. In the instant case, the Defendants, under the influence of alcohol, committed violence against the victim at the end of the trial, and the nature of the crime is inadequate and the degree of injury suffered by the victim is not weak.

However, the defendants appear to have the attitude of denying and opposing the crime, and the victim does not want the punishment of the defendants by paying a reasonable amount to the victim and by mutual consent with the victim.

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