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(영문) 수원지방법원 2013.05.10 2012고단6369

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

The Defendants, around 06:10 on November 9, 2012, on the grounds that the victim F (the years of age 22, the remaining person) was going to sing together and singing together at the “Esing” located in Suwon-si D on the grounds that the victim F (the victim was 22 years of age, the victim was sing in other rooms, and the victim was sing together. The Defendant A sent the victim singe one time, 6-7 times in drinking, the victim’s face was kne-free, and walked twice in drinking, the victim’s face was 3-4 times in front of the singe, leading the victim’s face to drinking, the victim’s face is 3-4 times in front of the singe and body body, the victim was sing at the victim’s face from the singing to the outside of the singing line, and the victim was walking at the victim’s sing and the victim’s face in front of the 7 days.

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

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Application of each statute on photographs of damage;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act;

(b) Defendant B: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. Articles 70 and 69 (2) of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant B)

1. Defendant A appears to have committed the instant crime by contingency while under the influence of alcohol, and the fact that the Defendant is the primary offender is considered. However, the Defendant committed a serious injury requiring medical treatment for about 70 days, such as cutting off the victim’s inside and the floor at his/her own expense, and taking any measures to recover from damage even though it is serious.