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(영문) 의정부지방법원 2013.03.28 2012고단3257

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On October 16, 2012, at around 00:05, the Defendants, along with D and E, who were working club members D and E, followed the victim G, the victim H, and the victim H, who were drinking the alcohol on the next cafeteria at the F cafeteria at the Government-si, Ma-si on the ground that they were drinking the alcohol on the next cafeteria. Defendant B was frighting the victim G at 500 c neck, the head of the victim G, while continuing to be fright the Defendant’s work, and frighting the victim G and head debt. Defendant B fright the fright of the victim H, which was frighted, and Defendant A fright the victim H’s face, which was frightd with the fright as above.

The victim I continued to have been on the second floor of the above restaurant, and the defendant A had the victim I's face and the part of the victim I's body by drinking and launching, and the defendant B had the victim I's face and the part of the victim I's body which was pushed out of the restaurant. As the victim I's body part which was pushed out of the restaurant was turned out, the victim I continued to walk and used on several occasions.

As a result, the Defendants jointly assaulted the victim I about six weeks of medical treatment, such as the right-hand, the bones, and the bones bones, and assaulted the victim H in common, and the Defendant B assaulted the victim G in collaboration with the victim D.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record

1. Examination protocol of police suspect regarding D;

1. Each police statement made to H, G, and I;

1. Damage photographs;

1. Application of Acts and subordinate statutes to investigation reports (the I's medical certificate of injury) and the written medical certificate of injury;

1. Article applicable to criminal facts;

(a) Defendants: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury inflicted upon victim I, the choice of imprisonment), Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence committed against victim H and the choice of imprisonment)

B. Defendant B: Article 2(2) and 2(1)1 of the Punishment of Violences, etc. Act.