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(영문) 의정부지방법원 2017.09.28 2017고단2836
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants had been dissatisfied with the Victim G at the “F” house located in Macheon-si on March 27, 2017, around 20:20 on March 27, 2017. However, in the process, the Defendants attempted to assault the victim, who moved to another main office, on the ground that the victimized person was taking the name of the vessel friendly with the Defendants.

1. On March 27, 2017, the Defendants, who violated the Punishment of Violences, etc. Act (joint injury) took phone call from the victim on March 27, 2017, and led the victim to the alleyway in front of the building of Icheon-si H.

From this alleyway, Defendant A, with the sole floor of the victim, 4 to 5 times the face of the victim's face, 4 times the body part and the head part of the victim's body and 2 times the body part of the victim's face are continuously filled by a sloping, Defendant B, together with this, prices the face part of the victim's face one time with the hand part of the victim's face. Defendant B prices the left part of the victim's face by a sloping.

As a result, the Defendants jointly inflicted injury on the victim, such as an open standing room for the part of the mouth, open space for the part of the mouth, and an stop stof that has been flooded in Daegu on the right-hand side of the 3 Daegu.

2. The Defendant B damaged the property by putting the LGV 10 cell phone located on the floor by setting up the victim’s market value equivalent to KRW 500,000, which is the victim’s possession, due to the assault as above at the time and at the place specified in paragraph 1.

Summary of Evidence

1. Each legal statement of the defendant;

1. Each police statement made to G and J;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to on-site and damaged photographs, CCTV image data and photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of a sentence of imprisonment

B. Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 366 of the Criminal Act (the point of damage to property).

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