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(영문) 대전지방법원 2017.05.25 2017고단753

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 1, 2016, the Defendant was running along the way in front of the Daejeon Seo-gu, Daejeon, and D’s drinking house, and the Defendant was faced with E and the victim F ( South, 25 years old). The Defendant was drinking, and the face of the victim G ( South, 33 years old) who is working in the above F is 2 to 3 times, and she turned over the face of the victim H ( South, and 27 years old) who is working in the above F, and she turned over to the face of the victim H ( South, and 27 years old) with E with E, and continued to take the face of the victim H with E, E, and she made it possible for the victim H and the victim F to take the face of the victim F by drinking, E, and she can take the victim H and her drinking.

The Defendant, in collaboration with E, sought victims for treatment for about two weeks, and committed an injury to the victim H, respectively, to the victim F, in order to provide approximately forty-three days of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning G, H, E, or F;

1. Statement made to I by the police;

1. Each injury diagnosis letter;

1. The application of the Acts and subordinate statutes to arrest and report the occurrence of a case, report internal investigation, and photographs;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense; and Article 25 of the same Act concerning the selection of a punishment (the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances:

D. Unfavorable circumstances: The defendant's act of assaulting and injuring victims in collaboration with E, whose crime liability is not less severe, who has been fined and received juvenile protective disposition several times for violent crimes, and the degree of injury of the victim F: the defendant is more favorable.