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(영문) 인천지방법원 부천지원 2016.06.17 2016고단691
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for eight months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 22, 2015, around 05:30 on November 22, 2015, the Defendants were to undergo a trial for the following reasons: (a) the victim E (333 years) was detained and the victim E (33 years) was not dead, and (b) the Defendant A was to take the face of the victim, and (c) the Defendant B was to take the face of the victim.

As a result, the Defendants jointly inflicted injury on the victim, such as the closedness and marrhesion that requires approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. The statement in E, F, and G concerning the Defendants during the police interrogation protocol

1. E statements;

1. Photographs (not less than 6 pages of evidence), internal report (CCTV verification);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1) of the Criminal Act; Article 257(1) of the Criminal Act; Articles 257(1) and 257 of the Criminal Act concerning the crime

1. Suspension of execution pursuant to Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 2011)

1. The community service order under Article 62-2 of the Criminal Act;

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