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(영문) 광주지방법원 2015.10.15 2015고단969
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment with prison labor for six months, and for four months, for defendants B and C.

Reasons

Punishment of the crime

On August 30, 2014, at around 23:40, the Defendants worked as vision for the reason that the victim E (the age of 46) was under the influence of alcohol in the street near the scenic sea distance of 49, Seo-gu, Seo-gu, Gwangju.

Accordingly, Defendant C, in his hand, led the victim's head to the walan road, Defendant B took the victim's face at a time of drinking, Defendant B taken the victim's face at one time by one hand, and Defendant B spited the victim's face on the ground floor. Then, Defendant C spited the victim's face on the ground floor.

As a result, the Defendants jointly inflicted injury on the victims, such as cerebral leys that need to be treated for about two weeks.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness E and F;

1. Each protocol of suspect examination of the police Defendants and E

1. Each statement of the police officer with respect to F and G;

1. Application of Acts and subordinate statutes (Evidence Nos. 9, 12, 19 of the Evidence List Nos. 9, 12, 19 of the Act) to any damage photograph, on-site video-related investigation report, motion picture CD

1. Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the reason for sentencing of sentence for imprisonment with labor [the scope of recommending] under Article 2(1) of the Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 257(1) of the Criminal Act [the scope of general injury] there is no basic area (4-1-6 months and month) [the decision of sentencing] [the Defendants made a non-discriminatory assault against the victim solely on the ground that the Defendants had snow in the old age, and left the scene without any measure.

However, according to the on-site CCTV video and witness's legal statement, the degree of violence at the time was unbrupted and harsh, and the danger was emphasized.

Furthermore, even though the Defendants unilaterally assaulted the victim, they also suffered violence from the victim.

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