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(영문) 서울남부지방법원 2020.04.09 2020고단448
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to a suspended sentence of three years on October 23, 2019 by the Seoul Western District Court for a crime of escape, etc. and was sentenced to a suspended sentence of three years on October 31, 2019, which became final and conclusive on October 31, 2019.

【Criminal Facts】

On December 10, 2019, at the parking lot located behind the Gangseo-gu Seoul Metropolitan Building, the Defendants, around 02:40 on December 10, 2019, and on the ground that the victim D (23 years of age) suffered a dispute with the female-friendly Gu and wind of the defendant B, the victim first sold the face of the defendant B once her drinking, and the defendant A, who was sufficiently ill, prices the face of the victim several times by drinking, and the defendant B, who was next to the above prices the face of the victim several times by drinking, sustained the victim's injury, such as a b8-day surgery and an salke, which require treatment for about 28 days.

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

Summary of Evidence

1. Defendants’ legal statement

1. A statement;

1. A written diagnosis of injury;

1. Report on occurrence of a crime, damage photographs;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (B), and application of Acts and subordinate statutes to investigation reports (the fact that a suspect is under probation period A);

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. Defendant B: Article 62 (1) of the Criminal Act;

1. Probation and community service order Defendant B: Although the Defendants agreed with the victim on the grounds of sentencing under Article 62-2 of the Criminal Act, the degree of injury suffered by the victim is very serious, the attitude of the crime of intensive assaulting only face is very poor, and the part of injury was also very dangerous.

In particular, in the case of Defendant A, two months have not passed since the judgment of probation became final and conclusive due to his previous offense, and the crime of this case was committed without being aware of even during the probation period, and matters concerning the guidance of the probation office.

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