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(영문) 수원지방법원 평택지원 2018.10.25 2018고단894
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of eight million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to a suspended sentence of two years on April 26, 2018 by imprisonment with prison labor for a special injury at the Suwon District Court’s Pyeongtaek District Court on July 26, 2018, and the said judgment became final and conclusive on May 4, 2018.

[2] On November 5, 2017, the Defendants: (a) around 01:31, on the street in front of the singing room located in Ansan-si; (b) on the ground that they do not hear their horses, the victim E (24 years old) who is a subsequent pilot of the Defendant’s interest on the driving engineer; (c) Defendant B 4-5 times on the victim’s chest due to drinking; (d) 4-5 times on the part of the victim’s chest; (e) on the part of the victim’s buckbuck paper, the victim’s buckbuck paper was taken one time on the face of drinking; and (e) Defendant A her combined with this, was able to see the victim’s face part at one time and the victim’s hand.

As a result, the Defendants jointly inflicted injury on the part of the court below, on the part of the victim, when they are aware that the victim needs to receive approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A written diagnosis of injury, CCTV for crime prevention and photographs and a report on each investigation;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is based on the following circumstances: (a) the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime; and (b) the sentence identical to the order shall be determined.

- The nature of the crime of this case does not correspond to those of the victim. However, the degree of injury of the victim is not serious, and the defendants agreed with the victim. - The defendants are against their mistake.

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