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(영문) 서울남부지방법원 2013.12.05 2013고단2306
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 3,598,720 won to the applicant for compensation.

(e).

Reasons

Punishment of the crime

At around July 6, 2013, the Defendant jointly with E, and around 22:20, at the front of the Seoul Guro-gu Seoul Metropolitan Government, suffered from the Defendant and E to the wheels of the victim D (the age of 44) truck, the above E, who wishes to receive from the victim the victim's face at home, went beyond the victim's face at home, and E, and the Defendant suffered from the injury, such as the mouth, dub, and dub, which require approximately 8 weeks of treatment to the victim, by putting the victim's face and body in hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. An investigation report (to hear victim's D phone statements, witness's G phone statements);

1. Investigation report (the relative telephone investigation of the stude);

1. Statement of investigation reports (as to attachment of table for dealing with 112 reported cases), and that of dealing with 112 reported cases;

1. Application of Acts and subordinate statutes to photographs of damage, investigation reports (influence of injury, etc.);

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Article 25 (1), Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (only referring to medical expenses)

1. Taking into account that Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Pronouncement of Provisional Execution is serious and further medical treatment is required in the future, and that the possibility of a subsequent disability is significant, that the possibility of a subsequent disability is consistent with denial and defense without any counter-misunderstanding, and that there is no effort to recover from damage, etc.

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