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(영문) 수원지방법원 2017.08.25 2017고단1593

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of 2,50,000 won, and by imprisonment of 6 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

On September 6, 2016, at around 00:40 on the front day of the “D main point” located in Ssung City, the Defendants heard bathing opinions from G, which is the seat of the victim E (5 years of age) and the victim F (49 years of age) and met with the victim E, and the Defendants met the parts, such as the victim E, the victim E, the victim’s face, the victim’s body face, the body body body, etc., and the victim E, the Defendants met with the victim’s body, and the victim E, the victim’s face, the victim’s body, and the body body.

As a result, the Defendants jointly committed three injuries, such as cutting off cages, in which approximately 4 weeks of medical treatment is required to victims E, and injury such as cutting off cages, which require approximately 6 weeks of medical treatment to victims F and cutting off internal walls.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the interrogation of the police officers against the Defendants, E, and F

1. Each police statement made to H and I;

1. Each written statement prepared by the Defendants

1. Investigation report (a summary of statement of suspect A and B video recording);

1. Application of Acts and subordinate statutes to the parts of the damage, each written diagnosis, and written agreement;

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 of the Punishment of Violences, etc., and Article 257 (1) A of the Criminal Act: Defendant B who selects a fine: 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. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A of the provisional payment order: Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [general injury] [2 months - one year, and no penalty amount] / 2 months] - one year and six months (one year and six months in total). The victims are in the relation of substantive concurrent crimes.