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(영문) 대전지방법원 홍성지원 2018.01.31 2017고단761
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

The Defendants were under the influence of alcohol at G convenience stores G in the Chungcheongnam-gun F on May 6, 2017, at around 01:05, the Defendant A was under the influence of alcohol by the victim H while Defendant B was under the influence of alcohol. Defendant B was under the influence of alcohol;

Purpose of this Act

“Along with drinking and planting, Defendant B and Defendant C engaged in drinking and planting the victim H’s face and planting. As such, Defendant B and Defendant C took part in drinking and planting the victim H’s face and bodying.

The defendant A reported the victim I, who was employed in the way by the victim I of the friendly arrest of the above H, and the defendant A and B met the victim I with the victim I, and the defendant A and B met the victim I's face.

As a result, the Defendants jointly got brain hovasa in need of approximately four weeks of medical treatment to the victim H, and Defendant A and B jointly inflicted injury on the victim I, which requires approximately three weeks of medical treatment to the victim I.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made against I, H, J, K, L, M, or N;

1. Application of Acts and subordinate statutes of report on internal investigation (Evidence No. 1) and investigation report (Evidence List No. 14)

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

1. A and B of the aggravated concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. The Defendants subject to suspended execution: The following conditions of sentencing under Article 62(1) of the Criminal Act are comprehensively taken into account: the Defendants’ age, sex, environment, and the circumstances before and after the instant crime, and all the conditions of sentencing as indicated in the records.

The crime of this case is committed by the victim H, agreed with the victim H, Defendant B deposited KRW 3 million for the victim I, and the Defendants suffered injury by the Defendants.

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