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(영문) 전주지방법원 2018.01.08 2017고단1540

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 04:10 on November 20, 2016, the Defendant, on the ground that, in front of the CO singingway located in Seojin-gu CN on the front day of the Jeonjin-gu, Seoul, the Defendant was waiting for a vehicle to prevent the progress of the vehicle, such as the Victim C Q (26 tax) while getting on and off his own vehicle with the CP and three name defect winners.

Accordingly, the defendants and their drivers are getting down along the above vehicle, and the defendants are tightly pushed the victim's chest with both hands and drink the victim's face once a drinking, and the name influor who was next to this, was fluor of the victim's inside once, and the victim's body was cut up by hand with another name influor, and the defendant continued to get off the victim's face over the floor several times by cutting off the victim's face, putting off the victim's face in hand, and putting down the head debt on the floor.

As a result, the Defendant assaulted the victim in collaboration with his name in order to inflict an injury on the victim, such as a brush in detail at the bottom of the necessary frame for treatment for about seven weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness CR, Q andS;

1. Statement made by the police for the CR, Q andS;

1. A written statement of Q;

1. Application of the Acts and subordinate statutes, such as a photo, etc. of part of Q damage damage, notification of the result of the request, a new dynamic image photograph, each injury diagnosis letter, a damaged part photograph, and a photograph (Evidence List 34);

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Determination of the defendant and defense counsel's assertion of alternative imprisonment with labor

1. The gist of the argument was that the Defendant did not turn on the way and the CS during the victim’s daily activity, but the victim Q, while taking a bath, prices the victim’s face at one time by taking the defendant’s head debt in several instances, and as the defendant’s behavior and the victim’s daily activity were turned out, and did not participate at all in the subsequent situation, the victim is jointly the victim with other accomplices.