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(영문) 서울동부지방법원 2018.06.01 2018고단205
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

피고인과 C은 2017. 11. 16. 05:00 경 서울 송파구 D 소재 ‘E’ 음식점에서 피해자 F(25 세) 이 나이를 속였다는 이유로 시비되어 피고인은 피해자를 발로 차고, 피해자의 머리를 붙잡아 무릎으로 2회 올려 찍고, 주먹으로 얼굴을 수회 때리고, C은 이에 가세하여 주먹으로 피해자의 머리를 때리고, 넘어진 피해자의 얼굴을 왼발로 2회 찼다.

As a result, the Defendant and C jointly inflicted injury on the victim at the time of the victim, including approximately 21 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or G;

1. Statement made by the police with regard to F;

1. A H statement;

1. Each investigation report (No. 6,12 once a year);

1. Application of Acts and subordinate statutes of a victim's photograph and injury diagnosis report;

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the choice of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include criminal records and multiple violent crimes, including criminal records (in 2016 and around) of the Act on the Aggravated Punishment of Provisional Payment Order, the Defendant has agreed to the effect that the Defendant has committed a crime against his or her own mistake, and the Defendant has agreed to the effect that the victim does not want the punishment of the Defendant, and other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, sex, sex, environment, motive, period, period, means and consequence of the crime, shall be comprehensively taken into account, and the punishment shall be determined as indicated in the Disposition.

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