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(영문) 춘천지방법원 강릉지원 2014.07.03 2014고단83

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A Imprisonment with prison labor for ten months, for each of six months, for each of six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 83"

1. Defendant A, at around 02:50 on December 15, 2013, committed an injury to the victim I (the age of 22) under the influence of alcohol from the main stairs, “H located in Gangseo-si G,” without any justifiable reason, to the victim I (the age of 22) who was under the influence of alcohol.

2. Defendant A, Defendant B, and Defendant B jointly committed an offense together with the date and time set forth in paragraph 1 of the above Article, and at the place, the victim I’s pro-friendly arrest of the victim I (22 years of age) reaches the victim I, and the horseer, Defendant A, and C were drinking, and Defendant B took the face of the victim J, respectively.

As a result, Defendant A and Defendant B jointly with Defendant C, which caused injury to the victim J, such as the closure of the inside and floor for about four weeks.

Defendant C, along with A and B on December 15, 2013, at around 02:50 on December 15, 2013, 2013, at the main stairs of “H” located in Gangseo-si G, Defendant C, and B were to drink, and the face of the said victim J (22 years of age) was to be considered to be drinking, respectively.

As a result, Defendant C, in collaboration with Defendant A and B, has inflicted injury on the victim J, such as the removal of the inside and the floor for about four weeks of treatment.

Summary of Evidence

Criminal facts listed in the first sentence of "2014 Highest 83"

1. Defendant A’s legal statement

1. Each legal statement of witness I, J, K and L;

1. Statement of the police officer to I;

1. Criminal facts listed in Article 2 of the Decree of the 2014 Highest 83 Medical Certificate (I) and "2014 Highest 177";

1. Defendants’ respective legal statements

1. Each legal statement of the witness J, K and L;

1. Application of the relevant Acts and subordinate statutes of the J;

1. 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, the choice of imprisonment), Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 257 (1) (the point of injury, the choice of imprisonment), Defendant B and C: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the choice of imprisonment with prison labor);

1. The former part of Article 37 and Article 38(1) of the Criminal Act among concurrent crimes (Defendant A);