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(영문) 창원지방법원 통영지원 2016.11.02 2016고단1035

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 18, 2016, the Defendant was sentenced to a suspended sentence of three years on March 26, 2016 by imprisonment with prison labor and six months for the crime of injury at the Changwon District Court’s Tong-gu Branch.

【Criminal Facts】

Around 23:30 on December 20, 2015, the Defendant: (a) on the street in front of the O-sing practice room in C at a macrosing period; (b) on the street in front of the O-sing practice room, D (the same day) and the victim E (the victim E (the victim’s age of 18) were faced with shoulders; and (c) taken her face one time at a drinking time; and (d) the victim taken her face one time at a drinking time; and (e) the victim was unable to escape from the Juvenile Department (the Juvenile Department on the same day) and the Defendant took part in the body of the victim, such as the victim, the victim et al., several times, and took part in the body of the victim, such as D, F, and G beyond G.

As a result, the defendant jointly with D, F, and G, caused damage to the integrity of the part of the wood that requires approximately 14 days medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for E, D, F, and G (including the replaced part);

1. A written diagnosis of injury;

1. Damage photographs;

1. Each report on investigation;

1. Before judgment: References to criminal records and the application of Acts and subordinate statutes to criminal investigation reports;

1. The choice of imprisonment with prison labor under Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 3 of the Act on the Selection of Punishment of Violences, etc.;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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

1. Where victims are fully responsible for the occurrence of crimes or the expansion of damage, even in the mitigated area (two months to one year) (special mitigation) of types 1 (two months to one year) of general bodily injury according to the sentencing guidelines of the Supreme Court;

2. Determination of sentence - favorable circumstances: The fact that the victim has attempted to take a bath first, and the defendant deposited one million won for the victim.