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(영문) 전주지방법원 2013.07.09 2013고단1463
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:00 on December 3, 2012, the Defendant violated the Punishment of Violences, etc. Act (joint injury) imposed a fine for the time when the Victim F(24 years of age) and the shoulder, who walked along with C, etc., about the back of the “Eba club” located in Seo-jin-gu Seoul Special Metropolitan City, Jin-gu.

The defendant is punished for a dispute with the victim.

The face of the victim and the breast part of the victim each time due to drinking and frying, and C her flicked, and C her flicked the victim's face and the breast part of the victim due to drinking and flick, and her flicked the victim's arms one time after the flicking.

As a result, the Defendant, in collaboration with C, committed a “damage to the surrounding land and power lines on the left side,” which requires approximately four weeks of treatment for the victim.

2. The Defendant violated the Punishment of Violence, etc. Act (joint assault) at the time and place specified in paragraph (1), and the victim G (24 years of age) of F-friendly arrest victim G (24 years of age) was put in a fighting between the Defendant and F, and the Defendant was able to take the face of the Defendant’s face one time by drinking fighting between the Defendant and F, and C was able to take the face of the victim by drinking.

Accordingly, the defendant committed violence to the victim jointly with C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of H and G:

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes on diagnosis certificates and photographs of damaged parts of the F;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc., Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), the

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

1. Article 62(1) of the Criminal Code provides that the extent of damage to the victim F in the reason of sentencing is more severe, and the victims have not yet reached agreement, and the same crime is committed in the same manner.

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