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(영문) 서울중앙지방법원 2013.11.14 2013고단2497
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 50,000 won.

Defendant

B does not pay a fine.

Reasons

Punishment of the crime

On January 31, 2013, at around 02:15, the Defendants met the victim D (27 years of age) who agreed between Defendant B and Defendant B, a woman of Matrimonial in Gangnam-gu Seoul, and Defendant B.

The victim: (a) opened a door on the part of Defendant B; (b) defective the e and talking; (c) assaulted the victim D’s knee, knebbucks, bucks, clothes, etc. on several occasions due to the Plaintiff’s abundance; and (d) Defendant A, when the victim’s face part of the victim D was taken to drinking, was injured by the victim, such as the inner part, the two parts, the two parts, and the abundances.

Summary of Evidence

1. The defendant A's partial statement

1. Witnesses D and E's respective legal statements;

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

1. Defendant A of the pertinent Article of the Criminal Act relating to the facts constituting a crime: Article 257(1) of the Criminal Act (Selection of Imprisonment): Article 260(1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. In both forms under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the fact that issuing an order for compensation in criminal proceedings is inappropriate);

1. Defendant A

(a) Scope of the recommended sentencing criteria: Violence, general injury, and general person who is specially injured by general injury (aggravated factor): Scope of the recommended sentence: from June to two years (a) in general: Whether the reason for the suspension of execution of sentence is comprehensively compared and assessed - Where the result of serious injury occurs - In cases where the result of serious injury occurs, the reason for the suspension of execution is clear of social relation, serious reflectivity, and there are no criminal records of suspension of execution of sentence or more;

(b) compensate the victim for further consideration of KRW 8,000,000.

(c) Eight months of imprisonment with prison labor and two years of suspended sentence; and

2. The details of the crime committed by the defendant A, the degree of violence, the relationship with the victim, the fact that the defendant was sentenced to two times a fine, the age, character, conduct, environment, etc. of the defendant.

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