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(영문) 광주지방법원 2017.04.27 2016고단5843
폭력행위등처벌에관한법률위반(공동상해)
Text

The punishment against the Defendants shall be four months of imprisonment.

Provided, That the above punishment shall be imposed for the period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2016, around 23:35, the Defendants: (a) around 25, 2016, when the victim E (27 years old) working in the Northern-gu, Gwangju-si, (27 years old) left the camping club, and (b) the Defendants got out of the camping club, and (c) Defendant A got out of the victim’s face due to large tree brooms with the victim’s broom, and Defendant B met the victim’s face.

As a result, the Defendants jointly assaulted the victim and inflicted injury on the victim, such as inside and outside the left-hand side in need of approximately six weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E, G, and H;

1. Application of the Ethical certificate of injury, on-site photographing statutes;

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act are applicable to the defendants who choose to commit a crime;

1. Defendants on probation: Article 62(1) of the Criminal Act (The following factors are considered to be favorable in sentencing):

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Where a victim is fully responsible for the occurrence of a crime or the expansion of damage in the basic area (4 months to one year and six months) of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines (excluding cases where the group of habitual injury, repeated injury, or special injury is applied] under the threat of collective organizations or multiple persons, or by carrying a deadly weapon or other dangerous articles (excluding cases where the group of special injury is applicable habitually);

2. According to the sentence decisions, comprehensively taking account of all the sentencing conditions in the instant case, such as the following circumstances, the Defendants’ age, sex, environment, the background and result of the instant crime, and the following circumstances, the sentence is determined as ordered.

The defendants are divided into one's own wrongs and reflects his own wrongs.

The Defendants deposited the total amount of KRW 2 million for the victim.

The victim is also responsible for the occurrence of the crime.

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