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(영문) 창원지방법원 2014.06.24 2013고단3823
폭력행위등처벌에관한법률위반(공동상해)
Text

1. The Defendants shall be punished by imprisonment with prison labor for eight months.

2. However, it is against the Defendants for two years from the date of this decision.

Reasons

Punishment of the crime

On October 19, 2013, the Defendants got drinking together with Defendant A’s “C” due to their friendship.

At around 02:00 of the same month, the Defendants moved to the E restaurant located in Jindo-gu, Changwon-si, Jinwon-si, and performed personnel affairs of the victim F (26 years of age) who is the next customer, while working for the Defendants, and the Defendant A misunderstanding that he would pay their trial expenses.

As a result, Defendant A tried to take the victim's face over by drinking and sprinking the victim's face, and Defendant B took the victim's face into consideration by drinking and sprinking it together with it, and Defendant B took the victim's face into consideration by drinking and sprinking head and sprinking it for six weeks.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of a medical certificate, damage photographing statute;

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

2. Article 62 (1) of the Criminal Act for a suspended sentence (the following extenuating circumstances among the reasons for sentencing):

3. The reason for sentencing of Article 62-2(1) of the Social Service Order under Article 62-2(1) of the Criminal Act is that the crime of this case is not less complicated in light of the background leading up to the crime of this case

However, the defendants recognized the defendants' mistakes and reflects the fact that the defendants deposited KRW 3 million for the victim, etc., considering favorable circumstances, and considering the defendants' criminal records, the degree of participation in the crime, character and conduct, and environment, the punishment as ordered shall be determined by taking into account all other circumstances that form the conditions for sentencing.

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