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(영문) 부산지방법원 2018.05.29 2018고단1034
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment for eight months, each of the defendants B and C shall be punished by imprisonment for six months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around 02:00 on October 1, 2017, around 02:0, the Korean victim F (34 years), G (35 years), and Si expenses, which came from the victim F (34 years) and the victim's wife to the victims to resist again, and the victim F was her face while resisting the victims.

Accordingly, Defendant A exceeded the above place and found the victims again after having met the Defendant B and C, who was a frighter in the Eastern War.

At around 02:30 on the same day, the Defendants jointly committed the following acts: (a) in front of the hotel of “J” in I, Defendant B was aware of the victim G’s face face; (b) Defendant A was aware of the victim F’s face face; (c) Defendant C was aware of the victim’s face part of the victim F’s face; and (d) Defendant C was aware of the victim’s face part of the victim G beyond he was f’s face; and (c) Defendant C was aware of the victim F’s face part of the victim’s face; (d) Defendant C was aware of the victim F’s face part of the victim’s face; (e) injury to the victim F was inflicted on the victim F for about 30 days; and (e) an oral surgery that requires treatment for about 21 days.

Accordingly, the Defendants jointly inflicted an injury on the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer concerning G or F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (the choice of imprisonment) concerning criminal facts;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants on probation: The grounds for sentencing of Article 62(1) of the Criminal Code [the scope of recommendation] (the scope of recommendation] general injury category 1 (the general injury) (6 months to 2 years) (the special aggravated person) (the 1 and 4 type) serious injury area (the 1 and 4 type) is agreed with victims.

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