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(영문) 대전지방법원 천안지원 2020.01.30 2019고단3087

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for six months.

Provided, That each of the above punishments shall be executed for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 04:00 on September 17, 2019, the Defendants called that the victim C (Nam, 19 years of age) said D's birth is "D will come to singing," and called that D's birth is "D will come to singing."

At around 05:25 on the same day, the Defendants met the victim in front of the F convenience store in Dong-gu, Dong-gu, Dong-gu, Dong-gu, and then Defendant A met the victim's face and body by drinking the victim's hand floor and drinking, taken the head of the victim's body into the alley, taken the head of the victim's body into the alley, and taken the head into the wall several times by drinking the victim's face into the wall. Defendant B took the victim's face one time on the floor of hand, putting the bridge up four times on the floor, putting the victim's face on the floor, and putting the plastic board on the part of the convenience store.

As a result, the Defendants jointly put up the victim with a scarcity in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. On-site photographs (such as damaged parts) and photographs of C damaged parts (Evidence No. 8, 11);

1. Investigation report (Attachment ofCCTV video recording), CCTV recording pages;

1. Investigative reports (to hear statements from victims);

1. Application of Acts and subordinate statutes to criminal investigation reports;

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

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act recognize and reflects the defendants' mistakes in sentencing, and agreed with the victim, due to the same crime, defendant A was subject to suspended execution of imprisonment once, defendant B committed again the crime of this case even though he had been punished three times, including imprisonment, and other Defendants' age, character and behavior, environment, relationship with victims, motive, means and consequence of the crime.