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(영문) 의정부지방법원 2016.05.04 2016고단674

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

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

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

Reasons

Punishment of the crime

Defendants and victims D(19) are between Dong-gu and Dong-gu.

Defendant

A, on November 11, 2015, around 19:20, when the victim and the above victim were in dispute before the F restaurant located in Gangnam-gun, Gangwon-do, on the ground of the victim's desire to do so, A, while the victim was in dispute with the above victim, the victim was able to take the face of the victim by going beyond the victim's hand, and the victim was able to take the face of the victim's hand.

At this time, Defendant B listened to the horses that Defendant A met and the victim was humping, and humfeded to Defendant A, and humfeded Defendant A with his left hand, flafed the victim’s head head, and humfeded the victim’s face on one occasion by walking the victim’s face.

As a result, the Defendants jointly committed an injury to the victim, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement in each police statement with respect to D or G;

1. Each description of a death diagnosis report, internal investigation report (related to attachment of a damaged photograph), photograph, investigation report (Attachment of a site photograph), on-site photograph, and the application of statutes on images;

1. Relevant Article 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing);

1. Defendants of orders to observe protection and provide community service or attend lectures: Reasons for sentencing under Article 62-2(1) and (2) of the Criminal Act, the main sentence of Article 59 of the Act on the Observation, etc. of Protection [the scope of applicable sentences under the law] Imprisonment with labor for not more than ten years and six months [the type of ruling] Type 1 (general injury) of general injury among the violent crime groups [the person subject to special sentencing] mitigation element: serious injury [the scope of recommended punishment]: the basic area of the injury [the scope of recommended punishment]; imprisonment with labor for not more than four months.