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(영문) 서울중앙지방법원 2016.06.30 2016고단2235
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 26, 2015, at E restaurant located in Gangnam-gu Seoul, Seoul on December 26, 2015, the Defendant started with the victim F (27 years of age), the victim G (27 years of age) and the trial expenses. The Defendant collected one son’s disease in his place and released it on his table, thereby threatening the victim G, the victim H (V, the 26 years of age). On the other hand, the Defendant continued to gather the vexant in the said restaurant to the victim G, the victim H, the victim H, and the Defendant was assaulted by the victim F to the face of the said victim F, the victim F, the number of days during which the fighting took place to the left side of the victim, and the victim F, and the victim F, who used the vexed by the victim F, was within the scope of days during which the examination and examination on the left side of the victim was conducted.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police with regard to F;

1. Each police statement of G and H;

1. A photograph of the person under consideration, or a written diagnosis of injury;

1. Ironic photo of iron;

1. Application of Acts and subordinate statutes to each investigation report (victim F, H and G hearing report);

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 2(2)3 of the same Act regarding each of the choice of punishment, Article 257(1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence, the choice of imprisonment with 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. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: In light of the fact that the defendant and his accomplice use the main illness in the course of the instant crime, and the person with the steel agents, etc., the nature of the crime is not good, and some of the victims’ injuries are not light.

Defendant has been punished several times for violent crimes.

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