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(영문) 부산지방법원 2015.04.03 2014고단10153
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for one and half years.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

On September 11, 2014, at around 02:25, the Defendants were in front of the main shop of “E” located in Youngdo-gu Busan Metropolitan City, and were under the influence of alcohol the victim F (the age of 41) and Si expenses. Defendant A was able to take time to her body of the victim due to drinking and growth, and Defendant B was able to take time to her body of body with the victim’s body of the victim’s body with the smuggling (the length of 65cm) that is a dangerous object.

As a result, Defendant A, together with Defendant B, assaulted the victim with dangerous articles, and inflicted an injury upon the victim, such as an open wound, where the number of days of treatment can not be known.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of examination of the Defendants and F

1. Application of Acts and subordinate statutes to photographs, investigative reports (a ctv gap statements and accompanying photographs);

1. Defendant 1 of the pertinent Article of the Punishment of Violences, etc. Act: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Defendant 2 who selects imprisonment: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

1. Discretionary mitigation (Defendant 2) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., the following grounds for sentencing)

1. Sentencing criteria;

(a) Defendant A (a person subject to special mitigation) was not subject to punishment for the mitigated area (two months to one year) of Type A (a general injury) (a person subject to special mitigation) of the general injury

(b) Defendant B (Scope of Recommendation) is not subject to punishment for the mitigated area (one year and six months to two years) (one year and six months) (special mitigation area) of Category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Bodily Injury) (Special Bodily Injury).

2. Determination of the punishment as per Disposition shall be determined in consideration of the minor extent of injury of a victim and the fact that an agreement has been reached with the victim through a contingent crime; and

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