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(영문) 대구지방법원 2016.07.22 2016고단1640
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

On November 21, 2015, at around 02:20 on November 21, 2015, the Defendant, in front of the “D” restaurant located in Busan Metropolitan City around 02:20 on the same day with the victim E, was in dispute with the victim E, while one hand, took the head of the victim’s hair, took the face with another hand, taken the body and face from one hand, taken the body and face from one hand, and was on the side of the victim.

B was taken by drinking the victim's face.

As above, the Defendant jointly with B, caused approximately three weeks of medical treatment to the victim, namely, unaggravating and photographing the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning B or E's statement);

1. Each protocol of suspect examination of the police against E or F;

1. Each police statement made to B, G, and H;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal internal investigation (a photograph of the person concerned in the instant case and of the upper part of the body), photograph, internal investigation report (the investigation of the first part of the shots), internal investigation (the counter investigation of the shots G), internal investigation (the counter investigation of the shots J), internal investigation report (the attachment of a photograph to the on-site image shots) and internal investigation report (the counter investigation of the shots K)

1. Article 2(2) and Article 2(1)3 of the relevant Act and the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016; Act No. 257(1) of the Criminal Act; Articles 257(1) of the Criminal Act; the choice of imprisonment

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] General In the mitigated area (two months to one year), [the person who has been specially mitigated] the punishment not, or where considerable damage has been recovered (including efforts to recover damage), the defendant committed the instant crime even though he/she had much history of punishment for the same kind of crime.

The degree of damage is relatively heavy.

However, it is favorable for the defendant to the fact that the defendant is divided by mistake, and that the victim is a person who has suffered damage by agreement with the victim.

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