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(영문) 수원지방법원 2020.06.18 2020고단588
폭력행위등처벌에관한법률위반(공동상해)등
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants: (a) around 02:55 on August 22, 2019, on the ground that the Defendants met with the victim E (the age of 22) under the influence of alcohol in the front of the D convenience store in Osan City, and the victim was not dead; (b) Defendant A, in his hand, took the body and face of the victim E by pushing the victim E by drinking his breath and drinking and cutting the breath of the victim F (the age of 21) with his hand; and (c) the victim F (the age of 21), who took the fighting of the victim E, took the body f face of the victim F (the age of 21) who took the fighting, and took the face of the victim G (the age of 21) who continued to fight, and Defendant B was able to do so by drinking the victim E while drinking the victim.

As a result, the Defendants jointly inflicted injury on the victim E, such as non-alleys that require approximately three weeks of medical treatment, and injury on the victim F, such as sub-alleys that require approximately four weeks of medical treatment, and assaulted the victim G.

Summary of Evidence

1. The summary of Defendant B’s assertion on the police interrogation protocol F of the Defendant B’s partial statement in the Defendant B’s legal statement, each police protocol E, each police protocol of the F’s injury diagnosis statement, and the investigation report (CCTV verification investigation) including the On-site photograph, Defendant B, and defense counsel’s assertion attached thereto were assaulted by the victim E, but only the above victim’s right face was at the time. As such, there was no causation between the above Defendant’s assault against the victim and the non-alley-alley-alley-alley-absomb suffered by the said victim. Furthermore, the said Defendant did not participate in the victim F’s injury and the assault against the victim.

2. When two or more persons jointly commit the crime of injury or assault, one or more persons are aware of the crimes of another person on the same opportunity at the same place on the premise that there exists a so-called co-offender relationship between them.

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