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(영문) 서울중앙지방법원 2015.11.12 2015고단3789
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of 3,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendants are related to persons, and Defendant A is victims D (n, 32 years of age) and employees.

Defendant

A had the victim's appraisal by having the victim undergo the examination on himself.

Defendant

A around 05:45 on January 29, 2015, around 05:05, at the F cafeteria located in Gangnam-gu Seoul, he was taking the examination of the victim on the Defendant B, before the victim, at the F cafeteria located in Gangnam-gu Seoul, when he was able to take the face, body body, etc. of the victim due to his own drinking and shot, and was shaking the head of the female.

After that, Defendant B followed Defendant A, and the victim was aground for Defendant B with water from the victim.

As a result, Defendant A sent the fransh containing paper cupped Cup, sent the face and body of the victim several times, and Defendant B also led the victim's neck back to the fransh, and then sent the victim's face, clothes, etc. to the fransh.

As a result, the Defendants jointly committed an 8-day medical treatment to the victim, resulting in blood transfusions, etc.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness D and G;

1. The defendants' statements written in D and G among the suspect interrogation protocol of the prosecution against the defendants

1. G statements;

1. An injury diagnosis certificate (D);

1. Application of Acts and subordinate statutes on DNA damage photographs;

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. Defendant A who is selected to impose a fine: Defendant B who is selected to impose a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act; Article 60 (3) of the Juvenile Act;

1. Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) is significantly heavy in the degree of injury to the victim due to the instant crime, and the Defendants are subject to strict punishment.

However, the Defendants are the defendants.

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