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(영문) 대전지방법원 2012.12.27 2012고단3817
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2012, at around 21:10 on June 30, 2012, the Defendants: (a) brought a dispute with the victim D (the 48 years of age) in a restaurant in front of the Daejeon-gu Daejeon-gu, for the reason that the victim D (the 48 years of age) would not smoke to the Defendant A; (b) Defendant A plicked, plucked, and plicked, fladd, fladd, and flad, the victim E (the 48 years of age) who drieded the victim D’s left hand, made the victim E (the 48 years of age) face with both hand.

As a result, the Defendants jointly inflicted injury on the victim D, such as the right upper frame, which requires approximately 10 weeks of treatment, on the right upper frame, and on the victim E, the victim E suffered injury such as dives, dives, salt, etc. requiring approximately 20 days of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of suspect interrogation against the Defendants

1. A protocol concerning the examination of suspects of victims D or E;

1. Each injury diagnosis letter;

1. A report on investigation and photographs of the upper part of the body;

1. Application of the Acts and subordinate statutes to a written application or a written application;

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of a criminal sentence

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

1. Probation and community service order Defendants: (a) under the circumstances unfavorable to the Defendants, such as the following: (b) the degree of injury of the victims D is considerably significant due to the crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act; (c) the victims have not recovered from damage; and (d) the victims have been complaining of the Defendants’ punishment; (b) this case was derived from the raping of the victims and the victim D, the Defendants deposited KRW 5 million to the victims E; (c) the Defendants deposited the victims with KRW 1 million; (d) the Defendants did not have any particular criminal record; and (e) the Defendants did not have any other criminal record; and (e) the Defendants’ age, character, conduct and economic conditions, etc.

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