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(영문) 수원지방법원 성남지원 2013.10.04 2013고단1075
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

At around 23:50 on November 26, 2012, the Defendants were in collaboration with D, E, the workplace of the victim, who was faced with the victim F and E from the victim F while coming at the front of the Sinnam-dong E, Sungnam-dong, Sungnam-dong, Sungnam-dong, 2.2. On November 26, 2012, the Defendants got at the front of the Sinnam-gu, Sungnam-gu, Sungnam-dong, E, and got at the victim F and got at the port from the victim F. The Defendants got at the front of the Sinnam-dong, and got at the victim F through the above E-ray, and continued the victim F's face in drinking and knee, and continued to take the victim F face, and D took part of the victim's face G with the victim's face, and D took part of the victim's face with the victim's head, hair, spabling the right side of the victim, and took care of the victim, G and h.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol of interrogation of G by the prosecution (including the statement part of H, F, Defendants, D, and E);

1. Each police interrogation protocol on G, H, Defendants, D, E, and F

1. An injury diagnosis report, opinion, and medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Act on the Punishment of Violences, etc. and the choice of punishment: Defendants: Article 2 (2) and (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of joint violence and the choice of imprisonment), Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment);

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

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

1. Defendants of the community service order: although the reasons for sentencing under Article 62-2 of the Criminal Act are not somewhat weak, the Defendants committed a crime and repented, deposited money with the victim F, without any previous criminal record, and the Defendants suffered injury in the instant case.

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