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(영문) 서울남부지방법원 2017.03.16 2016고단5688
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A and B shall be punished by a fine of KRW 4,000,000.

Defendant

A and B fail to pay the above fine, respectively.

Reasons

Punishment of the crime

Defendant

A and B, around July 15, 2016, around 22:30 on July 15, 2016, filed a dispute with the victim C (34 tax) in front of the Guro-gu Seoul Metropolitan Government H, and Defendant B, “I ambly and I ambly and I ambly and I ambly.”

Defendant A, B and the victim were put in a vision between Defendant A, B and the victim, thereby leaving the victim’s face one time in drinking together, and Defendant A and B followed the victim’s body by several times with the victim’s body by hand, and Defendant B followed the victim’s body by a hand. Defendant A had the victim’s head at hand and had the victim’s head at the place of the victim’s head, and had the victim’s head at the place of the victim’s head.

As a result, Defendant A and B jointly inflicted injury on the injured party, such as cerebral cerebral cerebral cerebral dystrophy in need of approximately four weeks medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. Application of diagnostic certificates, Handphones and video Acts and subordinate statutes in the face of violence;

1. Article 2 of the Act on the Punishment of Violences, etc. and Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Punishment of Violences, etc. Act, and the selection of fines;

1. Defendant A and B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A and B of the provisional payment order: The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act are not those for the crime of causing injury to the victim who committed a discriminatory violence.

However, in light of all the circumstances, such as the motive, means and consequence of the crime and the situation after the crime, etc., the punishment as ordered shall be determined by taking into account the following: (a) the victim was killed in the vehicle that passed without any particular reason; (b) the Defendants committed assault during the process of the victim’s speech; (c) the agreement with the victim; (d) there was no history of criminal punishment in Korea; (e) there was no record of criminal punishment in Korea; and (e) there is a misunderstanding

The prosecution shall be dismissed.

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