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(영문) 수원지방법원 2015.08.20 2015고단2082

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

The Defendants, around 01:55 on October 12, 2014, drinking alcohol at the F cafeteria located in Suwon-gu, Suwon-si E, and the Defendant G (40 years of age) who was seated in another test table was a trial expense for the reason that the Victim G (40 years of age) who was seated in the other test table was fested by Defendant A and the Victim G got out of the room.

At this time, Defendant A first taken the victim G face at a drinking time, and Defendant B, who was followed by the diving, was also in combination with this, and the victim G face and body part was sold at a drinking time.

Accordingly, the victim H(40 years of age) who is a working partner of the victim G, tried to see the Defendants, Defendant A assessed the victim H's face and the body part by drinking and drinking.

As a result, the Defendants jointly inflicted an injury on the victim G, such as a non-alleys that need to be treated for about four weeks, and suffered an injury on the victim H, such as a felbing of a flady, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G and H in the suspect examination protocol of Defendant A by the prosecution;

1. Each police interrogation protocol of G and H:

1. Deficial photo of an injury;

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 and Article 257 (1) of the Criminal Act (Selection of Imprisonment) concerning the crime;

1. Defendants from among concurrent crimes: Reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Serious injury (six to two years) in the area of aggravation (six to two years) of the sentencing guidelines according to the range of the sentencing guidelines (the scope of the sentencing guidelines for the accused common) (the scope of the sentencing guidelines for the accused common).

2. Determination of sentence: Defendant A 1 year of imprisonment, Defendant B - Imprisonment with prison labor for 10 months, not the quality of the crime of this case, but the degree of each injury suffered by the victims due to the use of violence by the Defendants was serious but not the recovery of damage.