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(영문) 인천지방법원 2017.01.25 2016고단8119
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

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

Reasons

Punishment of the crime

To the extent that they do not infringe the accused’s right of defense, proper revision shall be made.

From July 21, 2016, around 02:30 on July 21, 2016, the Defendants, in the residence of Defendant A, and in the process of drinking together with the victim F (24 years old), Defendant B, while drinking together with the victim F (24 years old), had been disputing the punishment of the victim in the past, Defendant B, in both hands, was at the time of the victim’s buck, and Defendant A also 5-6 times the face of Defendant on his hand.

Since then, the Defendants had the victim with play in front of the above apartment, and Defendant B had the victim “I now reported to the victim”, and Defendant B had the victim’s head and face met by hand, and the Defendants continued to use the victim’s head and face at the G convenience store in front of the above apartment apartment, and Defendant B used the victim’s face to take care of the victim’s face by hand.

As a result, the Defendants jointly inflicted an injury on the victim, such as know-how and balone in need of approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution against the F;

1. Investigation report (Attachment of a photograph of damaged victimF) and investigation report (Attachment of a copy of victim F medical record);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The Defendants of relevant legal provisions regarding criminal facts: 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. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants who observe protection, provide community service or attend lectures: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The facts leading up to and details of the crime committed by Defendant A, the degree of participation in the crime, the fact that the victim deposited 2.5 million won for the victim, the fact that the victim did not agree with the victim, and the other factors of sentencing are all considered to be determined as the sentence as ordered.

2. Defendant B [the scope of recommended punishment] General Injury area of Defendant B (the general injury) is mitigated (2 months to 1 year).

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