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(영문) 서울동부지방법원 2016.08.25 2016고단1861
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for three months.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Punishment of the crime

On November 29, 2015, the Defendants stated that “G Ssingman shall be the head of the team,” and that “Mingman shall be the head of the team,” on the following grounds: (a) on the street in front of 00:10, the Defendants mispercing the victim H (24 h) and his/her behavior that did not give the drinking value, etc. in the singing room; and (b) the Defendants mispercing the victim that he/she was in the said singing room.”

Therefore, the victim is required to do so.

In order to avoid the place of “the defect,” Defendant A referred to as “I am without the sprinking of sprink,” Defendant A am the head of the victim with the hand floor once, am the head of the victim with his hand, and Defendant B am the bitch of bitch of bitch,” in combination with this.

The term “the victim was flabed by her hand,” and flabed by her hand.

As a result, the Defendants jointly inflicted an injury on the victim, such as climatic salt, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a report on investigation (a medical certificate, etc.);

1. The Defendants: 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)3 of the Criminal Act; Article 257(1) of the Criminal Act; Articles 257(1) of the Criminal Act; Articles 257(1) and 257 of the Criminal Act; and

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below)

1. Scope of recommended sentences on the sentencing criteria: Imprisonment with prison labor for not less than two months or for not more than one year general injury (general injury). The mitigation area (two months to one year) - Special mitigated persons: No punishment shall be imposed;

2. Defendant A may have the power to suspend the execution of a sentence for violent crimes, to be punished by a fine, and to commit the instant crime while being prosecuted for committing an injury, etc. and under trial, the responsibility for the instant crime is heavy;

Defendant

B There are criminal records of criminal punishment and suspended execution for crimes of different types.

This is disadvantageous to the Defendants.

On the other hand, the Defendants agreed with the victim.

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