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(영문) 서울동부지방법원 2014.12.18 2014고단3120
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. 피고인 A, 피고인 B 피고인들은 2014. 8. 19. 02:00경 서울 송파구 E에 있는 ‘F호텔’ 앞 노상에서 택시에 승차하던 중, 피해자 G(18세)이 새치기하여 위 택시에 타려고 한다는 이유로 피고인 A은 주먹으로 피해자의 얼굴을 때리고, 옆에 있던 피고인 B는 이에 가세하여 소지하고 있던 우산으로 피해자의 머리를 때리고 발로 그의 얼굴을 걷어 찼다.

As a result, the Defendants jointly put the victim into a medical room where the number of days of treatment can not be known.

2. On August 19, 2014, at around 02:20, Defendant A told the victim guard, who was a police officer belonging to the H district of the Seoul Song-gu Police Station, who was dispatched to the site after receiving a report of 112, that the victim I want to arrest the Defendant as an offender in the act of committing an act of committing an act of crime in the above B, the above G, and the taxi engineer J, etc., the Defendant told the victim “I want to do so, I want to do so fritha, fritha, and frithatha.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendants’ partial statement

1. A protocol of suspect examination of G police officers;

1. Each written statement of G, J and I;

1. Application of Acts and subordinate statutes to photographs on the upper part of the body;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) A of the Criminal Act: Article 311 of the Criminal Act;

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

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order under Article 334(1) include the following: (a) Defendant A had been punished as a suspended sentence for the same kind of crime in around 2009; (b) Defendant B had no previous criminal record; and (c) the Defendants agreed with G as the victim of the joint injury.

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