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(영문) 대구지방법원 안동지원 2016.04.29 2015고정317
폭력행위등처벌에관한법률위반(공동상해)
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 24, 2015, the Defendant and C (the Defendant’s birth) and D (the father of the Defendant) discovered that the Defendant reported the Victim F(43 tax) to the hushes of the D’s house located in E at the permanent residence of around 20:40 on May 24, 2015, and D reported the Victim F(43 tax).

The term "the victim's chest" refers to "the victim's chest is pushed down by hand, the defendant A ran the victim's side gate back to the floor of the string, and the defendant C gets double arms and legs so that the victim's face may not move up several times by drinking.

As a result, the defendant, C, and D jointly inflicted injury on the victim such as impairment of crypology that requires approximately four weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A medical certificate of injury, each photograph;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

1. A fine not exceeding 700,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (amount of money converted to a workhouse: 100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement [ though the degree of injury of the victim is not weak, ① the cause of the instant case (the dispute with the defendant, C, D, and the victim refers to the victim's fluort rice so that the victim would have expressed his desire to D, and the crime of this case occurred due to the defect in D's desire to do so, and the victim would have expressed his desire to do so to D). ② The crime of this case occurred in the course of avoiding or threatening the victim's unilaterally under the influence of alcohol or against the victim. ③ The defendant filed a report to the police directly at the time of the instant case, ④ The defendant was punished once a fine, other than the power of punishment.

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