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(영문) 서울남부지방법원 2014.02.07 2013고정3585
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

B, C, D, E, and Defendant A are working between friendships or ties (C and E are between relatives), victim F (ma, 23 years of age), victim G (ma, 23 years of age), victim H (ma, 22 years of age), and 22 years of age) are two-friendly relationships.

1. Around January 22, 2013, violation of the Punishment of Violences, etc. Act (joint injury), C, and D metrifies on the street before the "J" located in Gangseo-gu Seoul Metropolitan Government I for reasons of the victim F's daily behavior and the non-performance. The victim F's daily behavior first entered the saidJ, followed the victim F's entry into the saidJ, and carried out physical fighting with the victim's hand.

Then, E, Defendant A, who was under C’s contact, was aware of the victim F’s face and body by drinking, and the victim F’s face and body was added to this, and the victim F’s face and body was found to be drinking.

As a result, B, C, D, E, and Defendant A jointly inflicted injury on the victim F, such as a bridge, which requires approximately twenty-one-day medical treatment.

2. Violation of the Punishment of Violences, etc. Act (joint assault) B, C, D, E, and Defendant A shared with the victim G, the victim H, and the victim H, respectively, committed violence by taking the victim G, the victim H, and the victim H by drinking and drinking the body of the victim H in the aforementioned time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol for B, C, D, and E;

1. Each police suspect interrogation protocol of F, G, and H;

1. Written diagnosis of each injury in K or L preparation;

1. Application of the USBmera Acts and subordinate statutes;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury and the selection of fines), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence and the selection of fines);

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

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

4. The Criminal Procedure Act;

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