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(영문) 창원지방법원 2017.07.19 2017고단1944

폭력행위등처벌에관한법률위반(공동상해)

Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 12, 2017, at around 07:20 on January 12, 2017, at the first floor F cafeteria of the building in Seongbuk-gu, Changwon-si, Changwon-si, the Defendants: (a) breathize the breath and breath on the ground that the victim G (24 years of age) and h, who are his/her frighted, have breathed with each other; (b) breath, the Defendant A bread the victim G with his/her hand, breathed the breath and breath on the breath of the body of the victim; (c) 3 times the part of the victim G, etc.; (d) 2 times the victim’s head debt, and 30 times the victim’s face, and (d) 30 times the victim’s breath of the body of G with his/her her hand, and her flad the victim’s face.

As a result, the Defendants jointly committed an injury to the victim G, including any flag and any flag that requires treatment for about 14 days, and caused the victim I to suffer injury, including any flag that requires treatment for about 28 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts and Article 2 of the Act on the Selection of Punishment of Violences, etc. and Article 257 (1) of the Criminal Act (Punishment of imprisonment);

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Cautions to observe the protection and observation, and the sentencing of Article 62-2 of the Social Services Criminal Act (unapplicable sentencing criteria: Juvenile offenders);

1. Gu type of defendant A: Imprisonment with prison labor for a maximum term of one year and six months: 6 months of suspended sentence of imprisonment for a term of six months; 2 years of aggravation of execution; and 1 year of aggravation of protection observation: Grounds for mitigation, such as confession, juvenile, victim's non-competence of punishment; mental and medical treatment; and no record of criminal punishment;

2. Defendant B’s sentence of imprisonment with prison labor for a maximum of one year and six months: as of June of the suspension of the execution of imprisonment for a period of two years, and as of 120 hours of community service;