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(영문) 서울중앙지방법원 2013.08.13 2013고단2826
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

The Defendants thought that not only the Defendants but also the victims E (the 13-years age), who were aware of the fact that the Defendants spreads a bad question about the surrounding F, G, and H.

around 19:00 on March 30, 2012, the Defendants, together with F, G, and H, were in front of the J in Gwanak-gu in Seoul Special Metropolitan City, to leave the victim to the victim, and Defendant B was in front of the J in front of the J in Gwanak-gu in Seoul Special Metropolitan City, 4-5 times the victim’s face by drinking 4-5 times the victim’s face, and Defendant A was in front of drinking 3-4 times the victim’s face 3-4 times the victim’s face is distributed to the victim by drinking kne, kne, and kneed the victim’s face, and followed the victim’s face by exposing the victim’s face. F and G were in front of the Defendants’ behavior, and H took the victim’s knife two times the victim’s face by drinking.

As a result, the Defendants jointly with F, G, and H, caused the victim to suffer from a serious injury, such as cryposis and fladrosis, which require approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ partial statement

1. Some statements in the suspect examination protocol of Defendant B by the prosecution

1. Each police interrogation protocol of the Defendants, F, G, and H

1. Statement of each police statement to K;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. The term "when two or more persons jointly commit a crime falling under any of the subparagraphs of paragraph (1)" in Article 2 (2) of the Punishment of Violences, etc. Act for the Reasons of Innocence under Article 62 (1) (B) of the Criminal Act means a case where several persons are aware of the crimes committed by another person on the same opportunity at the same place with the requirement that there is so-called co-offender relationship among them, and they commit a crime using the same opportunity;

In the case of this case, the aforementioned time limit is the evidence.

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