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(영문) 전주지방법원 2017.09.08 2017고단1188

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인들은 2017. 5. 27. 23:45 경 전주시 완산구 D에 있는 ‘E 주점 ’에서, 피해자 F(41 세) 이 팔짱을 끼고 건방지게 서 있어 화가 난다는 이유로 피고인 A은 “ 버릇없이 팔짱을 끼고 있냐,

팔짱을 풀어라

C. The Defendant B expressed the victim’s eye twice due to his fingers while taking the bath of gue, gue, and flaps. Defendant B expressed the victim’s face and flaps by drinking and flaps, and expressed the victim’s eye and flaps for two weeks by taking the victim’s face and flaps.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Investigation report (Submission of a written diagnosis of injury to a victim) and the written diagnosis of injury;

1. Application of each statute on photographs;

1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (elective of imprisonment) concerning criminal facts;

1. Defendants subject to a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1281,

1. Defendants of a community service order: Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection;

1. Reviewing the sentencing criteria (the scope of the recommended punishment) and the basic area (the imprisonment of April to June);

2. In light of the favorable circumstances in which the Defendants recognized the instant crime, the degree of injury the victim suffered, and the Defendants deposited KRW 1.5 million for the recovery of damage.

The defendants have a record of criminal punishment due to the same crime, and the defendants have not reached an agreement.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.