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(영문) 대전지방법원 논산지원 2014.10.17 2014고단141
폭력행위등처벌에관한법률위반(공동상해)등
Text

1. The defendant A shall be punished by imprisonment for six months and imprisonment for eight months, respectively;

2. However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around 02:00 on November 23, 2013, around 02:00, while driving a car on the F convenience store located in E in Seosan-si, the victim G (ma, 17 years old) was suffering from a dispute with the victim G.

Defendant

A, on the ground that the victim G expressed his/her desire, he/she taken the face of the victim G at a time, and when the victim H (ma, 17 years of age) and the victim I (ma, 17 years of age) are prevented the defendant A, and the victim I (ma, 17 years of age) were able to take the face of the victim I by drinking following the victim I when he/she took the part of the victim H.

Defendant

B taking part in it, the victim J (Nam, 17 years of age), etc., who is a driver of G, took part in it, and walked the victim J to the floor and walked the face of the victimJ several times, and took part in the face of the victim G one time in drinking.

As a result, the Defendants jointly inflicted injury on victims G and victims I, which requires approximately two weeks of medical treatment, such as brain salute, etc., and on the victim J for about fifty (50) days of medical treatment, and assaulted victims H.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness J, K, I, G, L and M;

1. The legal statement of the witness H in part;

1. Each written diagnosis of injury (No. 134-138 pages of the Investigation Record) (The defendant alleged that the defendant Eul did not inflict any injury as stated in the facts constituting a crime by the victim J, but at the time the witness K and M did not drink and did not actively participate in the fighting with the defendants, as well as there was no active participation in the fighting with the defendants, and therefore, the above witness's statement is credibility) shall be applied to the law.

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (victim G, I, the point of joint injury to J, the choice of imprisonment), Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260 of the Criminal Act.

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