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(영문) 인천지방법원 2018.05.03 2018고단1321
폭력행위등처벌에관한법률위반(공동상해)등
Text

[Defendant A] Imprisonment with prison labor for a short term of six months and ten months for a maximum term of ten months.

The defendant is a petitioner D.

Reasons

Punishment of the crime

1. Defendant A’s bodily injury around November 26, 2017, around 02:45, on the frontway of “G” located in the Gyeyang-gu Incheon Gyeyang-gu Incheon, on the ground that the victim H (30 years of age) was changed, and the victim’s face was taken as drinking, and was shakingd with flaps.

As a result, Defendant A suffered injury to the victim, such as “the face lives of face,” which requires treatment for about 14 days.

2. 피고인들의 폭력행위 등 처벌에 관한 법률위반( 공동 상해) 피고인 A이 제 1 항과 같은 일시 및 장소에서 H의 일행과 계속하여 시비하던 중, 이에 합세한 피고인 B는 피해자 E(34 세) 의 얼굴을 주먹으로 1회 때리고, 이어서 피고인 A은 피해자 D(35 세) 의 얼굴을 발로 1회 걷어찼다.

As a result, the Defendants jointly inflicted injury on the victim E, which requires medical treatment for about 42 days, on the left side, and on the victim D, which requires medical treatment for about 42 days.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Each injury diagnosis letter;

112 Application of the 112 Report Processing List, Investigation Report (Analysis, etc. of Video Data), Investigation Report (Hearing Statements E) Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 257 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 257 (2) (the point of joint injury) of the Criminal Act, Defendant B who has the choice of imprisonment with labor: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with labor;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Illegal Defendant A: Articles 2 and 60 (1) of the Juvenile Act;

1. Defendant B: Article 62(1) of the Criminal Act; Article 60(3) of the Juvenile Act (the following favorable circumstances among the reasons for sentencing);

1. Protective observation and community service order Defendant B: Article 62-2 of the Criminal Act;

1. Defendants of compensation order: each of them.

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