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(영문) 인천지방법원 2014.04.16 2014고단558

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2013, at around 13:33, the Defendant jointly with C on December 18, 2013, when the Defendant was in sight due to the victim E (the age of 47) and vehicle repair expenses, the Defendant was at the time when the victim’s face was satisfed with satching and drinking, and C was at the time when fating the victim’s bat, thereby shafing the victim’s bat, thereby causing injury to the victim, such as brain satching, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E and C;

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

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence on the sentencing criteria (the determination of types) and the general injury (the scope of recommendations) caused by violence; four months to one year and six months (the basic area);

2. Although the decision of sentence was made, even though the defendant had been sentenced several times for the same crime and did not agree with the victim, he did not have any record of being sentenced to a suspended sentence or heavier for the same criminal offense, and the defendant has led to the confession and reflect of the crime in this case, in consideration of the age, character and conduct, environment, motive and circumstance leading to the crime in this case, circumstances after the crime, etc., the suspended sentence shall be sentenced and the sentence shall be determined