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(영문) 인천지방법원 부천지원 2019.10.31 2019고단1939
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Defendant

Of the facts charged against A, each of the assaults against A.

Reasons

Punishment of the crime

Defendant

B is a state in which the ability to discern things or make decisions is weak due to a manies, etc.

Defendant

A around 14:19 on April 19, 2019, when the victim E (here, 30 years of age) was taking a tobacco on the front of the D store located in Bupyeong-si C, Bupyeong-si, 2019, the victim E (the victim E) called "francing tobacco smoke," and the victim E went away from the place after taking a bath for hand, and the victim E, the defendant A went away from the place after taking the hand, and then the face was able to take the face by a pulverging the head and drinking. The defendant B was also the fluent defendant B of the defendant's birth, flading the body of the victim and walking the part of the victim's face, and flading the victim's face by drinking.

As a result, the Defendants jointly assaulted the victim and put up the face booming, examination, etc. requiring approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of E and F;

1. A written statement of G and F;

1. Application of the Acts and subordinate statutes concerning E-damage photographs and other CCTV closures;

1. Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the choice of imprisonment, etc.

1. Mitigation of mental disorders - Defendant B: Articles 10(2) and 55(1)3 of the Criminal Act

1. Suspension of execution - Defendant B: Article 62 (1) of the Criminal Act;

1. Probation and Medical Treatment Order - Defendant B: Reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 and Article 2-3 subparag. 1 of the Medical Treatment and Custody Act - Defendants are admitted to commit a crime, but there is no color against the investigation agency’s attitude of statement and legal attitude.

The Defendants issued a written diagnosis of injury and stated that the victim abused the Defendants.

- The Defendants committed a non-discriminatory assault against the victim on the ground that there was a mere vision.

The degree of violence is very important.

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