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(영문) 서울남부지방법원 2015.05.21 2015고단35
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On October 11, 2014, at around 20:0, the Defendants: (a) 20:00 the second floor of the Yeongdeungpo-gu Seoul Metropolitan Government D D D Building 2, when the victim F (the age of 54) and the Defendant was living together with the victim F (the age of 54), Defendant A used the victim’s face at a time when drinking is taken; (b) Defendant A took the victim’s head continuously used on the floor in the beer line with the beer line; and (c) Defendant B took the victim’s face and head from drinking; and (d) Defendant B took the victim’s body several times by drinking the victim’s face and head from drinking.

As such, the suspects jointly inflicted bodily injury on the victim, such as the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal testimony of the witness F;

1. Each police statement against the Defendants (including the F’s statement)

1. The application of Acts and subordinate statutes to the victim F of any damaged photograph, the scene photograph, the CCTV image extracted photograph at each generated site, and the victim F of any damaged photograph (after surgery);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The criminal liability is heavy in that it committed the instant crime using articles that can be seen as dangerous articles for sentencing in accordance with Article 334(1) of the Criminal Procedure Act, respectively.

However, the Defendants’ misjudgments after the commission of the crime and agreed smoothly with the victim, and the Defendants’ age, character and conduct, environment, etc. shall be considered in the sentencing conditions prescribed in Article 51 of the Criminal Act, and the sentence as the order shall be determined.

It is so decided as per Disposition for the above reasons.

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