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(영문) 의정부지방법원 2016.10.17 2016고단2915
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

Defendants and C (the claim for a summary order on the same day) became a vision on the grounds that around 01:30 on January 3, 2016, the Defendants and C (the claim for a summary order on the same day) would drink together at the “E” drinking house located in Namyang-si, Namyang-si, and the victim F (19 years of age) and G (19 years of age) were changed.

1. 피해자 G에 대한 폭력행위등처벌에관한법률위반(공동상해) 피고인 A은 위 일시경 위와 같은 이유로 화가 나 위 술집 옆 H미용실 앞 노상에서 주먹으로 피해자 G의 얼굴을 1회 때린 후 곧이어 위 술집 건물 복도에서 손으로 피해자 G의 멱살을 잡아 밀치고 발로 걷어찼고, 이에 합세하여 피고인 B은 손으로 피해자 G의 가슴을 밀쳤고, C는 피해자 G를 발로 걷어찼다.

As a result, the Defendants and C jointly inflicted injury on the victim G, such as the inner part that requires approximately three weeks of treatment.

2. Defendant A violated the Punishment of Violence, etc. against Victim F (Joint Injury) Act (hereinafter “Co-injury”) on the ground that the above reasons were stated above, and the face of Victim F was taken one to two times by drinking from the corridor of the foregoing drinking house building, and Defendant B also made one to two times the face of the Victim F by drinking.

As a result, the Defendants jointly inflicted an injury on the victim F, such as a franchising so that it is necessary to give approximately six weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, F, and I;

1. Face photographs;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to each CCTV screen (attached to a report on investigation);

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the choice of imprisonment, and the choice of punishment for the crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. The defendants' crimes of this case are very violent and victims on the grounds of sentencing under Article 62-2 of the Social Service Order Act (the defendants).

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