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(영문) 수원지방법원 성남지원 2013.09.13 2013고단941
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

At around 23:00 on November 14, 2012, the Defendant jointly and severally with C, followed the victim’s face in front of the E main point located near the D apartment complex in Seongbuk-gu, Sungnam-si, Sungnam-si. On the other hand, the Defendant: (a) expressed the victim’s desire to “bris,” etc.; (b) took the victim’s bath, such as “bris,” and (c) took the victim’s face at one time when the victim’s face is frightened; and (d) took the victim’s face at one time and five times again taken the victim’s face into drinking. (b) On the other hand, C took the victim’s face one time to the victim’s face; and (c) took the victim’s fright and took the victim’s fright to take about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the C and F statements);

1. Examination protocol of suspect C by the prosecution;

1. Each police suspect interrogation protocol against the accused (including the F's statement in the second protocol);

1. Police suspect interrogation protocol regarding C;

1. Each police statement of F, C, and G;

1. The application of medical certificates, opinions, certificates of medical records, and photographs and regulations;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. On November 14, 2012, the summary of the charge of assault, among the facts charged in the instant case, the Defendant was assaulted on the victim’s right hand at one time on the following day: (a) on the front day of the D apartment complex 7-gu Sungnam-si, Sungnam-si; (b) on the ground that the Defendant was trying to return to the Republic of Korea after drinking together with C, H, and H’s victim F, who was known to ordinary places of view, and was drunk by the victim on the ground that he did not have been under the influence of alcohol.

2. We examine the judgment, and this part of the facts charged is the crime falling under Article 260(1) of the Criminal Act, and is the victim under Article 260(3) of the Criminal Act.

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