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(영문) 수원지방법원 평택지원 2014.09.18 2014고단963

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for one year.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인들은 2014. 4. 13. 03:30경 경기도 평택시 C에 있는 D편의점 앞길에서 피해자 E(45세)와 말다툼하던 중, 피고인 A는 화가 나 왼손으로 피해자의 오른쪽 뺨을 때리고, 피고인 B은 오른손 주먹으로 피해자의 얼굴을 때려 바닥에 넘어뜨린 다음 발로 피해자의 얼굴과 몸통을 수회 차고, 피고인 A는 발로 피해자의 몸통을 찼다.

As a result, the Defendants jointly inflicted injury on the victim, such as the pelup of the 4th left-hand body, the pelup of the pelup, the pelup of the pelup of the pelup, and the lezzle of the flab.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of police statement concerning E and F;

1. A written diagnosis of injury;

1. Application of CCTV video-related Acts and subordinate statutes to the site;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence;

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

1. The defendants of reasons for the sentencing of Article 62-2 of the Criminal Act on probation are allowed to be the same as the previous one. In particular, even though the defendant B could have been sentenced to the suspended sentence due to the previous and the previous one, he again took part in the victim and took part in the victim's serious injury that requires approximately 6 weeks of treatment, and thus, there is a need for the corresponding punishment.

However, a suspended sentence shall be imposed in consideration of various sentencing factors, including the fact that the Defendants recognized the crimes and agreed with the victims, but the sentence shall be imposed in addition to the condition of probation in order to prevent the risk of recidivism.