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(영문) 광주지방법원 2017.02.02 2016고단4616

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2016, at around 05:20, Defendants were in front of the drinking house F in Gwangju-gu, Gwangju-gu, for the reason that they had g (18 years of age) and snowed with the victim G (18 years of age) entering the said drinking house, Defendant A was sicked by her fright, and Defendant B her walked with G to the floor, and Defendant B her walked with G one time with his fright, and her fright over the floor when her drinking together with the Defendant A walked with his fright, etc., going beyond the floor when her drinking together with the Defendant, and in that process, Defendant B took three times of drinking the face, etc. of the victim H (19 years of age) (19 years of age), which is a driving of the said G, who said G, and Defendant A her walked over the floor of the victim I and the victim (18 years of age).

As a result, the Defendants jointly committed an assault with the victim H, which requires approximately four weeks of medical treatment to the victim G, and committed an assault with the victim H.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. Each written statement of J and I;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes to photographs by photographing each photograph and each CCTV course;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act, Article 2(2)3 of the same Act, Article 257(1) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(2) of the Criminal Act, and Article 260(1) of the Criminal Act, concerning criminal facts (the choice of each imprisonment with prison labor);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 62(1) of the Criminal Act, which provides a suspended sentence (the Defendants)

1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Defendant A has no record of criminal punishment, and Defendant B deposited KRW 500,000 for the victim G and H on January 10, 2017.

Defendant B issued a summary order of KRW 700,000 as a crime of violating the Punishment of Violences, etc. Act (joint injury) on September 7, 2016, and the said summary order became final and conclusive on October 21, 2016.