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(영문) 서울서부지방법원 2021.03.25 2020고단3789 (1)
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

However, one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인들은 2020. 4. 4. 19:32 경 은평구 C에 있는 'D' 식당에서, 피해자 E( 남, 58세) 이 피고인 B와 친분이 있는 지인의 가게로 찾아가 메뉴를 간섭하였다는 이유로 피해자와 시비하여 피고인 A는 손으로 피해자를 밀어 위 식당 밖으로 넘어뜨린 후 발로 피해자의 몸을 밟고, 피고인 B는 발로 피해자의 가슴과 배 부위를 걷어찼다.

As a result, the Defendants jointly suffered injuries such as cage cages and tensions that require approximately three weeks of medical treatment to the victims.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. Each protocol concerning the interrogation of the suspect against the Defendants (in part of each part)

1. Statement made by the police for E;

1. Application of the police statement protocol (part of the evidence list Nos. 18,19) to the F of the Act and subordinate statutes (Evidence List No. 9);

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment, etc.

1. Defendants on probation: The reasons for sentencing under Article 62(1) of the Criminal Act

1. Defendant A

(a) Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

(b) The scope of the recommended punishment according to the sentencing guidelines [type 1] and the general injury [type 1] and there is no person who is in a special sentencing [the territory of recommendation and the scope of the recommended punishment], the basic area of the recommended punishment [the scope of the recommended punishment], April through January 1.

2. Defendant B

(a) Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

(b) The scope of the recommended punishment according to the sentencing guidelines [type 1] general injury [type 1] general injury (special sentencing person]: The mitigated element of punishment: the mitigated area of punishment [the recommended area and the scope of the recommended punishment], the mitigated area of punishment, February of imprisonment through October.

3. The sentence shall be determined as ordered in consideration of the following circumstances following the decision of sentence and other conditions of sentencing (Article 51 of the Criminal Act) expressed in the pleading of the instant case.

A. Defendant A’s unfavorable circumstances: U.S.C. o.

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