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(영문) 서울남부지방법원 2016.10.11 2016고단2001
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B around 23:00 on April 12, 2016, at the main point of “E” located in Guro-gu Seoul Metropolitan Government D, for the reason that the “H”, who is the first day of the injured party F (38 years of age) and the injured party G (40 years of age), was in a dispute, on the ground that he was aware of himself as another person and was in his arms.

The Defendants, at around 23:18 on the same day, she mauted the victims who were her frontwayed, and Defendant B, as drinking, she took the face of the victim F and the chest part of the chest, she took the f of the victim by turning the wooden sled, and Defendant A divided the back of the victim F.

피고인들은 피해자 G이 이를 말리기 위해 주먹을 휘두르자 주먹으로 피해자 G의 얼굴을 때리고, 발로 피해자 G의 얼굴과 배 등을 걷어찼으며, 피고인 B은 그곳 바닥에 놓여 있던 철제 쓰레기통으로 피해자 G의 머리를 때렸다.

As a result, the Defendants jointly conducted an inspection of about 2 cm length in which the number of treatment days can not be known to the victim F, and an inspection of about 3 cm length in which the number of treatment days can not be known to the victim G, respectively.

Summary of Evidence

1. Defendants’ respective legal statements (the second court date)

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

1. The statement of the police concerning F and the photograph of damaged part of the police station;

1. Application of the Acts and subordinate statutes concerning a damaged photograph or CCTV image photograph;

1. Relevant Article of the Act on the Punishment of Violences, etc. and Article 2 (2) 3 of the Punishment of Violences, etc. 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. The sentence of suspended sentence under Article 62(1) of the Criminal Act is to be imposed in consideration of various sentencing conditions, including the fact that the defendants recognized the crime of this case and deposited money to the victims.

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