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(영문) 서울중앙지방법원 2020.10.21 2020고단5264
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. On May 16, 2020, the Defendants violated the Punishment of Violence, etc. Act (joint injury) by the Defendants stated that the Defendant B continues to engage in the Defendant B’s wife of the victim E (the age of 49 and South) around the fourth floor of the building C in Jung-gu Seoul, Jung-gu, Seoul, Defendant B’s wife around Russia restaurant, and Defendant B continued to engage in the Defendant’s wife of the victim E (the age of 49 and South) in the indictment. However, according to the evidence of the judgment, the Defendant’s wife continued to engage in the victim’s wife, and even if this part of the indictment was corrected as above, it can be acknowledged that the instant case occurred. However, even if the Defendant’s wife’s wife continued to engage in the victim’s wife, the Defendant’s wife would not have any substantial disadvantage in exercising the Defendant’s right of defense

Defendant B, who was making a dispute with the victim, took the face and body of the victim due to drinking and growth of the victim, and Defendant A, who was fluent, took the face and body of the victim due to drinking and growth, was injured by the victim for about 40 days by taking the victim's face and body, and by taking the victim's body, the victim was able to receive approximately 40 days of treatment.

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

2. Defendant A’s assault committed assault to the victim at the same time and place as that set forth in the preceding paragraph, and the victim F (the victim F (the 25 years of age, south) who is the son of E, took her hand with her fat, and committed assault to the victim by taking the victim’s arms against drinking her face one time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against Defendants, F, and E

1. Investigation report (related to suspect E and F damage photographs), investigation report (Submission of suspect E-accident), investigation report (D'Is cafeteria CCTV investigation), investigation report (D'Is cafeteria CCTV investigation) (D'D')

1. A written diagnosis of injury (E);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and the Criminal Act.

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