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(영문) 수원지방법원 2017.08.22 2017고단2146
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 21:55 on January 31, 2017, the Defendant jointly with C and Non-Name D, and sought a report of this 112 on the victim H (57 years old), the Defendant, along with his name and Non-Party C and Non-Party C, took the face and body of H when he takes the face and body of H as drinking together with his name and Non-Party C and Non-Party C were taken one time to take part in the face and body of G, and the Defendant took part in the report of this 112 on the same day.

Therefore, the defendant jointly with C and his name infinites, added to G about four weeks of treatment, and assaulted H.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement made by each prosecution with respect to G and H;

1. Investigation report (the current state of victim G);

1. Scenes, such as on-site photographs, and photographs to close a CCTV;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act concerning the crime, Article 2(2)3 of the same Act concerning the selection of a punishment, Article 257(1) of the Criminal Act (the point of joint injury) and Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence) and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (The following conditions favorable to the reasons for sentencing)

1. Scope of sentencing recommended by the sentencing guidelines committee of the Supreme Court;

(a) Crimes of violation of the Punishment of Violences, etc. Act / [type] Crimes of violation of the Act on the Punishment of Violences, etc. / [specific mitigation elements] mitigated area (special mitigation elements] mitigated area (the scope of recommended punishment] / From February to one year;

B. A person who violates the Punishment of Violences, etc. Act (joint assault) [type] and a person who commits a violent crime is not subject to punishment for mitigated area (special mitigation elements].

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