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(영문) 수원지방법원 여주지원 2018.01.30 2017고단1290
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is C, D and relatives.

On March 14, 2017, the Defendant: (a) around F convenience stores located in Gyeonggi-do 00:31 on March 14, 2017, when the Victim G (25 tax) was under the influence of alcohol, C, D, etc.; (b) due to the outbreak of alcohol, C, C, the victim’s shoulder; (c) due to the outbreak, D, C, the victim was deprived of the victim; (d) the Defendant was deprived of the victim; (d) when D, D, and C got off the victim; (e) when D’s head was able to take the victim’s hair due to drinking; and (e) C was at the face of the victim by drinking.

The defendant continued to be able to catch the victim's head from the floor and take the head of the victim's head in drinking, D's head from the shot, and the defendant walked the victim's chests, walking the victim's breasts, etc. several times due to the shot, and cut the victim's face.

As a result, the Defendant, together with D and C, inflicted injury on the victim, such as pulverization of flavers to the right 49 days in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Injury photographs;

1. Each statement of D and C;

1. Non-Application for each punishment;

1. A protocol concerning the examination of the police officer in G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with prison labor, and the selection of punishment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the degree of injury of the victim is not less exceptionally, and that it is not agreed with the victim, etc. is disadvantageous.

The defendant is aware of and reflects his criminal act, the victim's failure to commit the crime of this case while under the influence of alcohol led to the crime of this case in the process of preventing the defendant from committing the crime of this case, the victim has great aspects of inducing the crime of this case, the defendant is the first offender, and the victim wishes to punish other participants other than the defendant.

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