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(영문) 인천지방법원 부천지원 2014.11.25 2014고단2612

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

Defendants are friendly relatives and people who are not related to victims C(39 years of age).

At around 04:00 on May 31, 2014, the Defendants, while drinking alcohol and food together at the “E” restaurant located in Kimpo-si, Kimpo-si, Kimpo-si, and smoking tobacco in the street, after a pipe of the fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fat, Defendant A got a pipe of the fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fat, and Defendant B

As a result, the Defendants jointly inflicted bodily injury on the victim, such as the bones, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's statement concerning C and F;

1. Application of each investigation report, each photograph, and each written diagnosis to statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1111, Jan.

1. Scope of recommendation [decision of types] Sentencing criteria for violent crimes, general bodily injury (type 1) and general injury (type 1): Reduction factors: Imprisonment with prison labor for not more than 2 months to 1 year (limited to recommendation range]; and

2. Determination of sentence: The Defendants were to jointly assault the victim with a view to 6 months of imprisonment, and 1 year of suspended sentence, thereby causing a relatively serious injury to the victim, which is 6 weeks in full. It is inevitable to sentence the Defendants to imprisonment with prison labor.

However, in light of the defendants' age, character and conduct, circumstances after the crime, etc., the punishment shall be determined as ordered by considering the defendants' age, character and conduct, etc., such as the confession of the defendants, the victim does not want the punishment against the defendants, and there is no criminal record against the defendants.