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(영문) 수원지방법원 2015.11.18 2015고단2305

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

B A person shall be punished by imprisonment for a year and six months.

However, for two years from the date this judgment became final and conclusive, the above punishment against Defendant B.

Reasons

Punishment of the crime

Defendant

B and E, around June 1, 2014, drinks alcohol with nine friendly-gus, such as F, G, and H, in order to kill E’s life.

Defendant

B and E were the problem that, around 03:40 on the same day, the victim K (the age of 18) who had been under the influence of alcohol was based on E Women-Friendly G (the age of 16).

이에 피고인 B은 피해자의 전신을 손과 발로 수차례 때린 다음 피해자를 바닥에 무릎 꿇게 한 뒤 손바닥으로 피해자의 뺨을 수회 때리고, 이에 피해자가 도망을 가려하자 E은 피해자를 쫓아가 발을 걸어 넘어뜨린 다음 피해자를 해변가로 끌고 가 피해자의 얼굴을 주먹으로 때리고 계속하여 피해자의 전신을 수차례 발로 밟고 찼다.

As a result, Defendant B and E suffered injury to the victim by jointly taking advantage of the victim about six weeks of treatment, such as double scopic and scopical scopa, and so on.

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. The description of the witness K's partial statement in the second trial record;

1. Statement of the police concerning L;

1. Partial police statement of M;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of the fact that part of the damage compensation is deposited for victims, and that there is no record of criminal punishment other than the previous fine);

1. The portion of innocence under Article 62-2 of the Criminal Act

1. The summary of the facts charged against Defendant A, Defendant B, and Party E, around June 1, 2014, performed alcohol with nine friendly-gus, such as F, G, and H, in order to kill E’s life.

Defendant

At around 03:40 of the same day, A, Defendant B, and E shall be the front of the “J” convenience point located in Ssung City I.