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(영문) 창원지방법원 2016.08.31 2016고단1828
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 B, C과 함께 2016. 2. 9. 20:00 경 창원시 성산구 D에 있는 ‘ ’ 주점 앞 노상에서 주차금지 팻말을 치우고 위 주점 앞에 주차를 한 것 때문에 위 주점 점 장인 피해자 E(34 세) 과 시비가 붙게 되자, 피고인은 ‘ 여기가 너희 땅이냐,

C) Baging the victim’s face with his left hand at one time, and the victim’s face was cut off, and the victim’s face was blicked, leading the victim’s her blick, leading the victim’s her blick, and the above C her blicked the victim’s head and led the victim’s her blick, thereby causing injury to the victim, such as brain sins, which requires treatment for about 21 days for the victim at one time.

Accordingly, the defendant, together with the above B and C, inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B and C’s statements;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 prison labor, and the selection of punishment for a crime;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury (the scope of general injury) / [no person subject to special sentencing] / [decision of sentence] / The decision of sentence is agreed with the victim / The defendant’s age, degree and degree of injury, the defendant’s age, sexual conduct, sex, family relation, family environment, motive and means of crime, circumstances after the crime, etc. shall be taken into account, and the sentence shall be determined as per the order.

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