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(영문) 의정부지방법원 2017.12.27 2017고단4921
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six 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

On January 26, 2017, at around 21:00, the Defendants suffered from the victim G (41 tax) and Sivic in the direction of the F, which had been found Defendant B, in front of the main point in the operation of Defendant B located in the Namyang-si, Gyeonggi-do., the Defendants suffered from the Defendant Company G (41 tax). Defendant A, by hand, carried the victim’s breath, carried the victim’s face, carried the victim’s head bat, and Defendant B had the victim use the victim’s body on the floor by leading the victim’s head fating the victim’s head bat, and caused the victim’s injury, such as the 2nd head fat, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning G in the protocol concerning the examination of suspects by the prosecution;

1. Statement concerning the suspect examination protocol of H in relation to H;

1. Application of Acts and subordinate statutes to attached on-site photographs, death diagnosis certificates, copies of G-related medical records, etc., and the application of advanced finger photographs;

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (elective of imprisonment) concerning the crime;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing);

1. The Defendants of the Social Service Order and the observation of protection: The reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection [the scope of applicable sentences under the law] [the scope of punishment] imprisonment with labor for not more than ten years and six months] [the types] 1 (general injury) of the general injury among violent crimes group / [the scope of recommended punishment] aggravation of aggravated injury [the scope of recommended punishment]: From six months to two years [the general person subject to aggravated punishment] In cases where two or more persons jointly commit a crime (the decision of sentenced punishment] under the suspended sentence of six months, the extent of the injury inflicted on the victims by the two-year Defendants is serious.

The victim suffered serious injury in need of additional medical treatment until May 2, 2017 (Evidence Records 163, 167 pages), which has undergone a general anesthesia surgery (Evidence Records 163, 167 pages), and on May 2, 2017 (Evidence Records 167 pages). The victim suffered significant amount of money from medical treatment.

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