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(영문) 수원지방법원 2016.09.29 2016고단4173

상해

Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

1. Defendant A: (a) around 00:10 on June 25, 2016, on the ground that the victimized person, while drinking alcohol together with the victim B, etc. (5 years of age) was less contributed in the field market, Defendant A, on the ground that he she saw the victim’s breath, and fladdding the victim’s face and flading the victim’s bat beyond the floor, carried out an injury, such as unflading the bat for about four weeks in need of medical treatment.

2. Defendant B, against the foregoing date, at the same time and place, had the face of the Victim A (50) taken a drinking time and walked several times from the body of the victim, thereby causing injury to the victim, such as a cage cage cage cages, etc. requiring approximately five weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of Acts and subordinate statutes of subparagraph (B) of a medical certificate, injury diagnosis certificate (A);

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 257(1) and 257(1) of the Criminal Act (the point of injury)

1. Defendants of a suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act; and

1. Application of the sentencing criteria [Scope of the recommended punishment] General Injury (general injury) in the area of mitigation (two months to one year) (special mitigation person]; no penalty shall be imposed;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: The extent of injury of the Defendants is not easy; the Defendants can be punished for the same kind of crime; favorable circumstances: the Defendants reflects the Defendants’ mistakes; the Defendants have no record of criminal punishment for the last ten years; the Defendants have agreed to meet each other immediately after the instant crime; and other sentencing conditions in the records, including the Defendants’ age, sex, environment, motive and circumstance of the crime, and circumstances after the commission of the crime, shall be determined as ordered by the order.