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(영문) 전주지방법원 2016.09.02 2016고단967
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 10,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A on December 10, 2015, after being sentenced to two years of suspended sentence in October, 2010 for a violation of the Punishment of Violences, etc. Act (joint injury) at the Jeonju District Court, the judgment was finalized on June 10, 2016.

Defendant

B was sentenced to a suspended sentence of three years on October 15, 201 by the Jeonju District Court for the crime of forging private documents, etc. on December 15, 201, and the suspended sentence was revoked on December 15, 201. On April 21, 2011, the Jeonju District Court sentenced a suspended sentence of one year and six months for special larceny, etc., and completed the suspended sentence on July 7, 2015 after being sentenced to a suspended sentence of two years for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Jeonju District Court of Gwangju on February 8, 2013.

On February 21, 2016, around 05:10 on February 21, 2016, the Defendants: (a) held the victim’s face on the ground that Defendant A was faced with the victim F (the age of 24) and the shoulder at his/her place of corridor, and (b) held the victim’s face at one time in drinking; (c) Defendant B took the victim’s face and body at one time in drinking; (d) Defendant B took the victim’s face and body at one time in drinking; and (e) Defendant A prevented the victim from resisting the victim’s head.

As a result, the Defendants jointly saw the victim as an inception for the number of days of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Statement made by the police of the F;

1. Photographs of damaged parts;

1. A report on internal investigation (to attach CCTV image data at a place of crime-raising);

1. Each photograph;

1. Records of previous judgments: Each statement of criminal records, criminal investigation reports (Attachment to a suspect A's final judgment, and attachment to a suspect B's final judgment, etc.), and application of each statute of the final judgment;

1. Relevant Article of the Punishment of Violences, etc. Act and Article 2 (2) 3 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the defendants who choose a punishment for an offense;

1. Defendant A who handles concurrent crimes: Article 37 of the Criminal Act.

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