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(영문) 창원지방법원 통영지원 2017.03.28 2016고단1890
폭력행위등처벌에관한법률위반(공동상해)
Text

The Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. Defendant B’s sole crime committed on October 22, 2016: (a) around 21:00, the Defendant assaulted the victim, on his hand, by taking into account that the victim E (n, 71 years of age) was not taking the examination of the Defendant on the victim E (n, e.g., g., g., Nonparty E) from a 6-on-site clock; and (b) he was able to take the face back and take the head knick.

2. On October 22, 2016, at around 21:30, the Defendants thought that they were not the victims of the above Ba 6 Dara on the part of their husband and wife and around 21:30 on October 22, 2016, Defendant A was able to take the examination of Defendant B on drinking the victim’s left hand hand, shoulder, etc., and Defendant B dump bucked the victim’s face on two to three occasions.

As a result, the Defendants jointly inflicted an injury on the victim, such as salt, tension, etc. in the 8 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. E statements;

1. A written diagnosis of injury;

1. Investigation report (to listen to the statement in the F phone of a shote);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (the choice of imprisonment with prison labor);

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 260(1) of the Criminal Act (the point of violence) and each choice of imprisonment with prison labor

1. Aggravated concurrent crimes by Defendant B: The aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. The scope of punishment by law;

(a) Defendant A: Imprisonment with prison labor from January to June 10;

(b) Defendant B: Imprisonment with prison labor from January to June 12;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Defendant A (the recommended sentence)

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