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(영문) 의정부지방법원 2015.06.26 2014고단4542
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

On October 25, 2014, at around 07:24, the Defendants: (a) boarded the car driven by Defendant B in front of the F convenience point operated by the victim E (the age of 39) located in Pyeongtaek-gun of Gyeonggi-do; (b) Defendant A was aware of the victim who opened the door of the above convenience point; and (c) Defendant A was trying to mislead Defendant B as being able to drink in the vicinity of the preceding day, and stop the car by putting the vehicle on the vehicle.

Defendant

A immediately lowered the victim's face and face of the victim by drinking and spawn, and the defendant B added the victim's face to the defendant A, and spawned the victim's face in combination with the defendant A, and spawned the victim's face once every time, the victim's face was released from the victim's face to about four weeks.

The Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of suspect examination of G police officers;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to data on cryphosomes, cyphographs and photographs of violence;

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment);

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

1. Defendants of the community service order: In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendants made a discriminatory assault against a victim who does not have any awareness of being subject to one-time treatment; (b) the victims suffered a relatively heavy injury that requires four weeks’ medical treatment; (c) Defendant B committed joint assault; and (d) the same criminal history, there is no need to punish the Defendants.

However, the victim did not want the punishment of the defendants by mutual consent with the victim. The defendants are themselves.

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