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(영문) 수원지방법원 평택지원 2019.07.05 2019고단393
폭력행위등처벌에관한법률위반(공동상해)
Text

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

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 19, 2019, at D parking lot located in Pyeongtaek-si C, at around 04:40 on the same day, the Defendants expressed that the victim E (the 28-year-old-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-of-age-age-of-age-age-of-age-age-of-age-age-of-age-age-age-age-long

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Photographs of damaged part of the victim;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 62 (1) of the Criminal Act:

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following factors of sentencing are determined as follows: the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime; and the various sentencing conditions under Article 51 of the Criminal Act, which are recorded in the records of the instant case, such as the circumstances after the crime, shall be comprehensively considered.

Sentencing elements: The elements of sentencing unfavorable to the defendants to recognize their mistakes: the degree of injury to the victim is significant, and no agreement has been reached with the victim.

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