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(영문) 의정부지방법원 2016.07.06 2016고단1840
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:10 on September 21, 2015, Defendants: (a) at the main point of “F” located in Ma, the victim G (26 years old); (b) under the influence of this alcohol, the victim G (the victim G (the 26 years old); (c) the Defendant C’s kneep; (d) the Defendant C’s flick-breath was fleeped with the victim’s breath; and (c) the Defendant B was flick-up with the victim’s flick, and towed the victim’s flick-up to the toilet; (d) Defendant B was flick-up with the victim’s face; (e) Defendant C was flick-up with his hand; (e) Defendant C was flick-up with her face; and (e) Defendant A was flick-out with his flick-out with his flick-out, and led out the entrance.

As a result, the Defendants, together with H, inflicted injury on the victim, such as the cutting of an open flasium that requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement of the police statement related to G;

1. A written statement of I;

1. A medical certificate or an injury medical certificate;

1. Application of Acts and subordinate statutes, such as CCTV photographs, field CCTV photographs, etc.;

1. Relevant Article 2(2) and (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 (amended by Act No. 13718, Jan. 6, 2016)

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

1. Defendants of the community service order: The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] (the scope of recommendation] general injury (the general person in two months to one year), the mitigation area (the person specially mitigated to one year), the punishment is not permissible (including efforts to recover damage), or considerable damage has been recovered (the decision of sentence] The Defendants jointly assaulted the victims to inflict serious injury on the victims, and the nature of the crime is bad.

However, Defendant A and B are the first offender who has no record of juvenile protective disposition, and Defendant C has no record of criminal punishment except that of juvenile protective disposition.

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