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(영문) 서울중앙지방법원 2017.07.20 2017고단3319

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 4, 2017, at around 23:40 on the street in front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant d (son, 43 years old) and the Defendant d’s day-to-day on the street, for the reason that the Defendant d’s day-to-day d’s walked, “I do not have any car.” On the other hand, the Defendant d’s hand-to-day d’s left part of the victim’s face and d’s hand-to-day d’s back the victim’s face, followed the victim’s body d’s d’, sealed the victim’s d’s body d’, sealed the victim’s body d’ by arms, sealed the victim’s body d’s body d’, and carried out the victim’s body d’s hand-to-day d’e name and the victim’s day-to-day d’s body d’.

As a result, the Defendant jointly with the name-free boxes (E), and caused the victim to suffer from the impairment of the boom of 2nds that require treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to D, F and G;

1. A criminal investigation report (referring to a witness H telephone investigation) and a criminal investigation report (related to prosecutor's direction for investigation);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning a victim's photograph and a dynamic image closure photograph;

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant has been punished several times as violent crimes, etc. is disadvantageous.

However, it is shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, means and result, etc.