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(영문) 서울서부지방법원 2019.06.19 2019고단987
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 8,000,000.

In the event that the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 25, 2018, at around 05:00, the Defendants were dead on the ground that, around 06:45 on the same day, the victims of Seodaemun-gu Seoul Western-gu D and C were disregarded “,” and “one cigarette fested” on the following grounds: (a) while the Defendants were traveling in the way of smoking tobacco at the victim C (ma, 22 years of age) and fing together with drinking on the way of drinking; (b) around 06:45 on the same day.

Accordingly, after Defendant A was able to take the head of the victim, the victim's face was taken several times, and the victim was about to flee, and the victim was knicker B turned out to the ground.

이어서 피고인 A은 피해자의 배 위에 올라앉아 얼굴을 주먹으로 수회 때리고, 피고인 B은 피해자의 얼굴과 어깨 부위를 수회 발로 걷어찼으며, 손으로 피해자의 눈을 누르고 라이터에 불을 붙여 피해자의 얼굴과 몸을 지지려 하였다.

As a result, the Defendants jointly put the victim inside and outside of the friendly box, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. Bodily damaged photographs of the victim C;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Investigative report (in addition, submission of a victim's photograph of assault damage);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Confiscation Defendant B: Article 48 (1) 1 of the Criminal Act;

1. The Defendants, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognize their wrong actions immediately after the crime.

In addition, both Defendants are not subject to criminal punishment.

However, in light of the contents of the instant crime, there was a risk that may lead to large accidents or may cause fatal results, and the motive for the instant crime is also easy.

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