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(영문) 서울동부지방법원 2012.12.20 2012고단2601
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On October 1, 2012, Defendant A purchased goods at the Songpa-gu Seoul Metropolitan Government convenience store and caused injury to the victim E, such as cerebral alky that is not known in detail for the two-day treatment of the victim E, on the ground that the victim E (Nam, 20 years of age), who was the customer, was put to a vision between the above defendant B and the above defendant B, was able to take time off the victim E with his hand, and her head was taken twice by a beer who is a dangerous object in the display stand, and then suffered injury to the victim, such as cerebral alky that is not known in detail for the two-day treatment.

2. 피고인들 피고인들은 제1항 기재 일시 및 장소에서 위 편의점 종업원인 피해자 F(남, 17세)이 편의점 내에서 싸우지 말고 나가라고 한다는 이유로 피고인 B은 윗옷을 벗어 문신을 보여주며서 피해자 F의 모자로 피해자 F의 머리를 수회 때리고 무릎을 꿇게 하고, 이에 가세하여 피고인 A은 손으로 피해자 F의 뺨을 수회 때리고, 발로 배를 찼다.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Statement of police statement concerning E and F;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a medical certificate for a victim);

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the defendant A and the defendant B: Selection of a fine): Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Aggravation of concurrent crimes (Defendant A), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the maximum of the long-term punishments in each of the above crimes);

1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 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. Article 62-2 of the Criminal Act;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order (Defendant B) shall be issued.

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