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(영문) 광주지방법원 목포지원 2015.07.07 2015고단23

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are foreign workers of the Republic of Uzbekistan nationality, and victims E and 28 are foreign workers of the Republic of Korea of the Philippines nationality.

On May 31, 2014, at around 00:10, the Defendants came to have a dispute with the reason that they would become the victims of the Philippines women working as the said employees of the said Gju, on the way ahead of the Gju branch in Yongnam-gunF.

Defendant

A, while taking the victim's bath, I would like to avoid the victim's face at one time, and I would like to get the victim's face at the victim's cocons. Defendant B would take the victim's face at 3-4 times as drinking, and the victim's face over the ground floor was able to take the victim's face, shoulder, etc. together with drinking and launching.

As a result, the Defendants jointly inflicted an injury on the victim, such as the front mouth of the upper mouth, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of H, E, or I;

1. Each police statement to E and J;

1. Medical certificate, - Injury medical certificate;

1. -Application ofCCTV image photograph Act

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply) and Article 2(1)3 of the Criminal Act concerning criminal facts and Article 257(1) of the Criminal Act

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing);

1. Determination of types of crimes: Type 1 of general injury to violent crimes;

2. Determination of the scope of sentence: Reduction area, February - 1 year (special mitigation factors: Non-exclusive of punishment);

3. Determination of sentence appears to be contrary to the fact that the Defendants recognized the crime of this case, and the victim did not want the punishment of the Defendants under the agreement with the victim, the Defendants did not have any past record of criminal punishment before and after the crime, and other records and arguments of this case, including the Defendants’ age, character and conduct, environment, and circumstances before and after the crime.