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(영문) 광주지방법원 순천지원 2013.12.18 2013고단1602

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

On July 21, 2013, around 01:55, the Defendants: (a) called “D’s singing room” at the entrance stairs of “D’s singing room” located in Macheon-si, and called “D’s 31 years of age” to the victim F (the 31 year of age), and (b) Defendant A, as drinking, took once the victim G (the 30 years of age)’s sencing, face, and body part, which is the victim F, took once, and f’s face is taken once in drinking, and Defendant B took part of the victim G’s neck, and Defendant B took part of the body body and body in drinking, and Party B took part of the victim F’s sencing.

As a result, the Defendants jointly with the victim G caused the injury to the left-hand side of the victim requiring approximately eight weeks of medical treatment, and assaulted the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning G and F;

1. The police statement of H;

1. A report on investigation (a report on CCTV data);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence) and the choice of punishment for the crime, shall be punished by imprisonment, respectively;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to suspended sentence: The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “defendants”),

1. Imprisonment with prison labor for a period from one month to six years;

2. The recommended field according to the sentencing guidelines for each of the crimes in this case;

(a) General injury (a recommending area) resulting from violence in violation of the Punishment of Violences, etc. Act (type of crime) shall be mitigated area, two months to one year;

B. The basic area of assaulting crimes in violation of the Punishment of Violences, etc. Act (type of crime) is the basic area of ordinary assault [Recommendation Area], two months to three months from imprisonment.