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(영문) 울산지방법원 2017.08.17 2017고단2356

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

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

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

Reasons

Punishment of the crime

On December 30, 2016, around 04:20 on December 30, 2016, the victim E took a bath on the ground that the defendant A, who was known to his reputation, was not properly engaged in personnel affairs, and the victim E took a bath on his hand.

이를 목격한 피고인 A의 일행인 피고인 B은 피해자를 밀어 넘어뜨린 다음 주먹과 발로 피해자의 얼굴 등 온몸을 때리며 차고, 피고인 A는 주먹과 발로 피해자의 얼굴 등 온몸을 때리고 찼다.

As a result, the Defendants jointly put up the second hand to the right-hand hand, which requires the victim's treatment for about three weeks.

Summary of Evidence

1. Defendants’ legal statement

1. Statement protocol of the police with regard to E (including substitute part);

1. Application of the Acts and subordinate statutes governing death diagnosis certificates and CCTV images;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (elective of imprisonment) concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the Defendants shall choose to suspend the execution of each sentence within the scope of general mitigation of injury in sentencing guidelines in consideration of the following circumstances: (a) the repetition of the same type of crime, such as the existence of criminal records of the same kind of crime, the risk of repeating the crime; (b) the fact that the Defendants have no record of at least the suspension of execution, the circumstances leading to the crime; (c) the fact that the victims have agreed with the victims; and (d)

1. Protective observation and community service order under Article 62-2 of the Criminal Act;