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(영문) 서울남부지방법원 2017.02.08 2016고단5654
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for three months.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

On November 16, 2016, at around 23:30, the Defendants: (a) around 23:30, from the south-gu subway-ro, the subway-ro 7, a subway-ro 7, a subway-ro 2: (b) on the one hand, the first floor of the air-ro 1 (39) under the influence of alcohol by the victim D (39 years) and the Defendants, who were under the influence of alcohol. (b) Defendant B, due to the outbreak, had the victim walk on one occasion, and Defendant A, who was under the influence, had the victim walk on one occasion at the face of the victim. (c) At the same time, Defendant A, who was under the influence of the alcohol, had the victim use the front side of the head, and had the victim face on the floor.

As a result, the Defendants jointly inflicted bodily injury on the victim, resulting in the victim's bodily injury, i.e., the two thothoths in the right side of the two thoths that need to be treated for about four weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Each injury diagnosis letter;

1. Application of ctv video legislation;

1. Relevant Article 2 of the Punishment of Violences, etc. Act - Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the choice of imprisonment with labor, and each choice of imprisonment with labor.

1. Suspension of execution - Defendants: Article 62(1) of the Criminal Act

1. Social service order - Defendants: The reason for sentencing Article 62-2 of the Criminal Act is that Defendant A had a large number of identical military records for Defendant A with the reasons for sentencing, the serious damage is disadvantageous; the fact that the injury was caused is due to mistake; and the fact that the victim agreed with the victim is favorable.

In addition, the sentence shall be determined as ordered in consideration of all the other conditions of sentencing.

Defendant

B In consideration of the fact that the above defendant misleads the defendant and there are no records of the same kind exceeding the fine, the punishment shall be determined as per the order.

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