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(영문) 수원지방법원 성남지원 2018.09.14 2018고단759
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime (violation of the Punishment of Violences, etc. Act) of the Defendants on October 22, 2017, on the grounds that the Defendants’ behavior at the entrance of the Esing room located in Seongbuk-gu, Sungnam-gu, Sungnam-si and that the conduct of the Defendant F (the age of 25) took place, and the Defendant A took place a part of the victim’s head at a time of drinking, and the victim’s body was walking from the victim’s body at a time of drinking, the victim’s head head flick, and the victim’s head flick in hand, and the victim’s head flick in hand,7,7,88 times the right side of the victim’s head flick, and the victim’s head flick in the victim’s head 42 days.

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

2. Defendant A [Bodily Injury]: (a) on the date, at the place, as described in paragraph (1) at the time, and at the place, the Defendant inflicted an injury on the victim, i.e., the victim’s eye by making it possible for the victim to take care of about 14 days and blood transfusion, on the ground that the victim G (22 years old) went to work and went to a trial, as described in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement concerning G and F;

1. Each injury diagnosis letter;

1. Application of ctv image Cd legislation

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 257 (1) of the Criminal Act concerning a crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Defendant B with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: Taking into account the following circumstances: Defendant B, who saw a trial cost in advance, committed assault, committed violent crimes against the Defendant, and the victims wanted to punish the Defendant. Defendant A: The victims suffered bodily injury without any special reason, and the victims want to be punished for severe punishment.

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