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(영문) 수원지방법원 안산지원 2016.06.23 2016고단740

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2016, at the main point of "E" located in D at the time of light lighting around 02:20, without any reason, the Defendants divided the victim F (46 years of age) into the 'E', and Defendant A followed the victim's body by cutting down the victim's neck with his arms, and Defendant A followed the victim's body by crypting the victim's body, and Defendant B sustained the victim's body by taking back the back less than the back of the victim's body as his hand, and undergoing the victim's body flow by taking over about five weeks of body, thereby causing the victim's injury, such as the flabing of the border that needs to be treated.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning F in the protocol of suspect interrogation of the police officer;

1. A statement prepared in the F;

1. Application of Acts and subordinate statutes written diagnosis of injury;

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

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The sentence of imprisonment shall be imposed to the Defendants in consideration of the following circumstances: (a) the basic area (4 months to one year and six months) (special mitigation) of Article 62-2 of the Social Service Order’s recommendations for the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the victim is also responsible for the occurrence of the crime or the expansion of damage; (c) the victim has the records of multiple times violence-related crimes against the Defendants of serious injury (defendant A3 and B4); and (d) the victim suffered relatively serious injury but did not recover from damage.

However, the defendants showed an attitude against the crime of this case, and the victim first exercised violence against the defendant B, and the victim is also partly responsible for the crime of this case.

In the case of Defendant B, the sentence like the order shall be set and the execution of imprisonment shall be suspended, taking into account all the sentencing conditions shown in the instant case, such as the fact that there is no criminal history other than the fine.