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(영문) 서울중앙지방법원 2014.09.04 2014고단5064
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2014, around 05:10 on January 10, 2014, the Defendant driving a E-car on the front line of the 'D' located in Gwanak-gu in Seoul Special Metropolitan City, and became a mutual vision for the victims F (33 years of age) and G (30 years of age).

이에 피고인이 운전하던 위 승용차의 조수석에 타고 있던 일명 ‘H’은 갑자기 차에서 내려 피해자들에게 달려가 주먹으로 피해자들의 얼굴 부위를 수회 때리고, 피고인은 이에 합세하여 피해자 F의 온몸 부위를 발로 밟고 피해자 G의 얼굴 부위를 수회 때리고, 피고인의 일행인 일명 ‘I’은 이를 보고 달려와 피해자 G을 업어 매친 후 발로 그의 얼굴 부위를 수회 걷어찼다.

As a result, the Defendant jointly with the above “H” and “I,” and the victim F, committed so-called sacriffying, weighting, and sacriffying, etc., in which it is impossible to identify about 60 days of treatment and the number of days of treatment for approximately 42 days to the victim G, and the victim G sacrife the mouths of the right pelke, the upper part of the upper part of the upper part of the upper part of the upper part of the road, the upper part of the upper part of the upper part of the road in need of treatment for approximately 28 days of treatment, and the upper part of the inner part of the road in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and J;

1. Each injury diagnosis letter;

1. Photographs;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending sentence] general injury (the scope of recommending sentence] in cases where basic area (the person subject to special mitigation) (the person subject to special mitigation) is punished (including the person subject to serious effort to recover damage) or considerable damage has been recovered, / serious injury (the person subject to serious mitigation) (the person subject to serious mitigation) is determined].

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