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(영문) 의정부지방법원 2017.04.27 2016고단5411
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of three thousand won,00,000 won, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

On September 12, 2016, at around 06:00, the Defendants: (a) carried out a conversation with the Victim G (W, 19 years of age) known in front of the “F point” located in Dongbcheon-si, Dongbcheon-si on September 12, 2016; (b) Defendant B was able to put the arms to the seat of the victim; and (c) Defendant B was able to carry the head debt of the victim; (d) Defendant B was able to carry the head debt of the victim; and (e) Defendant A, a child of the Defendant B, who was under his supervision, was able to see the victim’s face, chest, etc. by drinking, and turned the victim’s back to the floor by driving the victim’s vessel.

As a result, the Defendants jointly inflicted injury on the victims, such as cerebral sye, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. Each legal statement of witness G and H;

1. The application of Acts and subordinate statutes to photographs and diagnostic notes of violence;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act as to the crime, Article 2(2)3 of the same Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, and selection of imprisonment with prison labor for Defendant A and fine for Defendant B

1. The sentencing guidelines (the type of injury to Defendant A) for the reasons of sentencing under Articles 70(1) and 69(2) of the Criminal Act (the Act on the Detention in the Labor Station) / [the case where there is no special sentencing factor / [the general sentencing factor] / [the scope of recommended punishment] where two or more persons jointly commit a crime: April - January - June - June 1 year and June 1 year and June 2, the victim was first put the arms of Defendant B, and Defendant A participated in the process of fighting with the victim and led the defendants to commit a crime. Defendant B did not significantly focus on the degree of injury to the victim, and Defendant B did not deny the degree of harm to the victim and the defendants did not commit a crime.

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