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(영문) 춘천지방법원 2014.04.24 2013고단766
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment with prison labor for six months, and for one year and six months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

On April 7, 2013, at around 19:30, the Defendants heard the desire from the victim H (30 years of age) who saw a dispute between F and G in the E-state located in Chuncheon-si, E located in D, and at the same time, F takes the face of the victim in drinking, and Defendant A walked the victim's face and body beyond the floor, and Defendant B took the victim's face and body, and Defendant B took the victim's face from the beer disease, which is a dangerous object, walking the victim beyond the floor, and sustained the victim's head and sustained the victim about three weeks of medical treatment.

As a result, Defendant A, together with F, injured the victim by carrying dangerous objects.

Summary of Evidence

1. The Defendants’ partial statements in the second trial records;

1. Legal statement of the witness H;

1. The statements of witnesses H and I in the third protocol of trial;

1. The statement to the effect that the Defendants, among the suspect interrogation records by the prosecution against the Defendants, claimed to the victim at the time and place indicated on the facts charged

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes of the Certificate of Injury to H;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (Selection of Imprisonment) Defendant B: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 1 of the Criminal Act, Article 257 (1) 3 of the Criminal Act;

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (the following normal consideration among the reasons for sentencing):

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (hereinafter referred to as the following normal reference among the grounds for sentencing);

1. Determination as to the defendants and defense counsel's assertion of probation and community service order under Article 62-2 of the Criminal Act

1. As to Defendant A and his defense counsel, Defendant A asserted that Defendant A only satisfing the victim H and fat at the time and place of criminal facts, and that there was no supporting fact for the victim.

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