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(영문) 수원지방법원 평택지원 2018.08.16 2017고단2453
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendants are between victims D(31) and workplace rent.

On October 19, 2017, at around 23:30, the Defendants 23:30, around the F convenience stores in Pyeongtaek-si, and walked with the victim and drinking together, and Defendant A took the body of the victim by hand and walked with the victim’s clothes, walked the victim’s clothes, and walked the victim’s clothes, and Defendant B went beyond the victim’s floor by putting the victim’s clothes.

계속하여 피고인들은 바닥에 쓰러진 피해자의 온몸과 얼굴을 주먹으로 때리고 발로 걷어찼다.

As above, the Defendants jointly put up the body of the inside and floor to the victim in need of four weeks’ treatment.

Summary of Evidence

1. The defendant B's partial statement

1. Legal statements from witnesses D and G;

1. Some statements made against the defendant A in the police interrogation protocol;

1. Each report on investigation;

1. Images of CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with labor, and each choice of imprisonment with labor for a crime under the relevant Article of the Act;

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

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

1. Article 334(1) of the Criminal Procedure Act (Defendant B)

1. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. to Dismiss an application for compensation order (a clear that the applicant for compensation could incur medical expenses due to the instant crime and claim compensation for consolation money, etc. arising therefrom; however, it is difficult to determine the specific scope in the procedure for the application for compensation in this case by paying part of the amount to the applicant for compensation.)

The scope of the recommended punishment based on the sentencing guidelines for sentencing is from April to June of the sentence for Defendant A, and from February to one year for Defendant B, Defendant A is punished by imprisonment with prison labor in consideration of the fact that Defendant A had only a minor criminal record of a fine, but the execution of the sentence is suspended.

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