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(영문) 서울중앙지방법원 2018.03.22 2017고단9038
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for four 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

1. C and D’s joint criminal defendants, C and D’s face is attached in front of the “F” convenience point located in Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul on August 14, 2017, on the ground that the location is changed to the victim G (36 years) with the victim G (36 years) at which C and C’s face is changed first, and the defendant and D are combined with each other;

The transfer of the victim, such as the head, face, and chest, was sent to the police station.

As a result, the Defendant, in collaboration with C and D, inflicted injury on the victim, such as cutting the right fingers that require treatment for about 28 days.

2. The Defendant’s sole crime committed the instant G on the same date, time, and place as the indicated in the preceding paragraph, and on the ground that he said G’s assaulted the said G as above, Ha (the age of 37) sexually friendly Defendant H (the age of 37) brought the victim’s left side bridge to the victim’s left side by cutting off the victim’s arms with his hand and cutting them over the victim’s hand.

As a result, the defendant suffered injury to the victim for about 28 days, such as the left-hand shoulder, which requires medical treatment, and the summary of the evidence.

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of the police against G, the accused, C, or D (two times, replacement);

1. Each police statement made to H, I, and J;

1. Each injury diagnosis letter;

1. Photographs of parts of the victim's G damage;

1. Application of the Acts and subordinate statutes to photographs by cutting off the K CctV images and cutting out the L office outside ctv, and to photographic images of the suspect C mobile phone images;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act as to the crime, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 257 (1) of the Criminal Act (the point of joint injury) and the choice of imprisonment with prison labor as to the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Imprisonment with prison labor for a period of one month or more to fifteen years and nine months; and

2. One crime (the scope of the recommended punishment) of the scope of the recommended punishment on the sentencing criteria.

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