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(영문) 수원지방법원 2015.02.04 2014고단6942
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, each of the above defendants is against the defendants for 3 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on July 12, 2014, the Defendants, at the point of “F” located in Heung-gu, Young-gu, Young-gu, Lidong, drinking alcohol together with the victim G under the influence of the elevator before the elevator. The Defendant A, when knenee in the face of the victim, had knee and kneeed the victim's face and body, had kneee and knee the victim's face and body, and Defendant B, as a result, had the face and body of the victim by drinking and drinking.

In this way, the Defendants jointly inflicted injury on the victim, such as cutting the upper end of the body to the right which requires treatment for about five months.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. Each photograph (Nos. 3 and 5 in list of evidence);

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

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

1. Defendants on probation: Article 62(1) of the Criminal Act

1. The Defendants of the community service order: The reasons for sentencing under Article 62-2 of the Criminal Act [type of crime] - Type 1 of general injury to violent crime group - general injury (special person in prison] mitigation element - serious injury [the scope of territory and recommendation] aggravation element - serious injury [the scope of territory and recommendation] aggravation element of imprisonment - from April to June 1 year and six months [the general person in prison] aggravation element - where two or more persons jointly commit a crime [the decision of sentence] 120 hours in the suspension of execution of one year and six months - the above sentencing person and the Defendants committed a serious injury by recklessly assaulting a victim who was unable to resist the resistance while under the influence of alcohol, and all of the circumstances, including the Defendants’ respective criminal records, etc.

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