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(영문) 수원지방법원 여주지원 2017.11.14 2017고단1222

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 500,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A On July 26, 2017, after being sentenced to imprisonment with prison labor for six months as a result of an injury at the Credit Support of Suwon Friwon, the judgment became final and conclusive on August 3, 2017.

On June 11, 2017, around 21:34, 2017, the Defendants: (a) on the front side of Echeon-si C lending, the Defendants: (b) on the ground that the victim D (51) was trying to park the Defendants did not turn on the seat of the wife near the parking zone; (c) Defendant A was taken on the face of the victim by drinking; and (d) Defendant B was off the victim’s face by her hand, and her head was reported by her head, and her head was able to take approximately two weeks of treatment.

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

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the suspect against the Defendants

1. A photo of the damaged part;

1. A written diagnosis of injury;

1. Written inquiry about criminal history, etc.;

1. Reporting of the previous conviction of the disposition and results thereof;

1. Investigation report (verification of the same kind of power as Defendant A), and application of the text of the judgment;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Defendant A’s option of punishment shall be punished by imprisonment, and Defendant B shall be punished by a fine

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Social service Defendant A: Article 62-2 (1) of the Criminal Act;

1. Defendant B: The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act is that all the Defendants were committed against themselves, and the victim did not want to be punished by the Defendants, the age, sex, environment, and the frequency and degree of punishment for the same kind of crime, etc. are considered as indicated in the disposition of the Criminal Procedure Act, taking into account all the conditions for sentencing under Article 51 of the Criminal Act, such as criminal records.