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(영문) 의정부지방법원 2018.02.21 2017고단1873
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for four months.

However, with respect to the defendant A, B, and D, the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2016, at around 02:00, the Defendants 02:0, on the second floor of the J of the second floor of I Building in Dongbcheon-si, Defendant A spit the victim’s face, spit the victim’s face, spit the victim’s face, spit the victim’s face, spit the victim’s face, spit the victim’s face, spit the victim into the victim’s face, spit the victim’s face, move the victim into the toilet, and move the victim into the toilet, and the victim also moves the victim into the toilet. Defendant D satched the victim’s satch, 4:5 times the victim’s left side and the left part of the victim’s face to 4:5 times, and Defendant B sat the victim’s face to the right side of the victim’s face, and used the victim’s 2nd floor at the right side of the victim’s face to drinking.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. The defendant D's partial statement

1. Each legal statement of H, K, L and M by a witness;

1. Statement made by the prosecution to K;

1. A protocol concerning the interrogation of each police suspect against the defendant A (part) or H;

1. Statement by the police concerning L;

1. Each written statement of the defendant A, L, K, and H

1. Photographs of H and A face of the person under consideration;

1. Two copies of the medical certificate of injury;

1. An investigation report (the list, contents, etc. of the wooden M evidence list and its contents, etc. are indicated as N, but they are corrected to “M” as revealed in the instant trial process.

2) Application of the statute

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Defendants A, B, and D: Article 62 (1) of the Criminal Act;

1. Protection and observation and community service order Defendant A, B, and D: Article 62-2 of the Criminal Act;

1. Article 32 of the Act on Special Cases Concerning the Rejection of Applications for Compensation Orders, etc.

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