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(영문) 수원지방법원 안산지원 2019.07.05 2019고단748

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

At around 06:00 on August 19, 2018, the Defendants got a claim that they drink in the next delivery of the Dongwon-gu Seoul Apartment Complex D, Ansan-si, the residents of the Dong-si, would drink early from the victim E (the age of 36). On August 19, 2018, the Defendants attached their arms and legs to each other, carried the arms and legs to be pushed back, carried the frightening or cutting down the frighting to the frighten, and the Defendant A, who was used on the floor, carried the fright of the frightener, carried the fright of the frighter, carried the fright of the frightenered victim on about 56 days, and the Defendant B, who was frighted on the floor, carried the frightd face of the frightd victim on about 4-5 occasions.

Summary of Evidence

1. Defendants’ legal statement

1. Police suspect interrogation protocol regarding E;

1. Results of CCTV video recording CDs (Evidence Nos. 7) renewable viewing;

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

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with prison labor, and the selection of criminal offenses;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of each community service order;

1. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including a special person who has been sentenced to punishment): Reduction element: In cases of severe injury (including serious effort for recovery of damage) or damage recovery from a considerable part: In cases of severe injury (the area of recommendation and the scope of recommendation), basic area (the area of recommendation and the scope of recommendation], April through June of imprisonment with labor;

2. According to the decisions of sentence, the sentencing conditions stated in the records, such as the following circumstances and the Defendant’s age, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

The extent of injury: The circumstances that are favorable to the extent of injury: The defendants recognized their mistakes; the defendants deposited a considerable amount of money for the victim; and there is no criminal force against the defendants.