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(영문) 부산지방법원 2015.12.04 2015고단6219
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 01:25 on July 18, 2015, the Defendants: (a) on the main point of “F” located in the Busan Eastdong-gu, Busan; (b) on the ground that the victim D (the 54-year-old victim D (the 54-year-old victim D) who does not face-to-faced would be bad, and (c) Defendant A was divided the victim’s face by breaking the victim’s breath by booming the breath’s breath, thereby destroying the victim’s breath; and (d) Defendant B was able to bife the victim’s breath with her hand and pushed the breath, and bife the victim’s bat,

The Defendants jointly and severally inflicted injury on the victim, such as influorating the body of the victim for about four weeks in need of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. The suspect interrogation protocol of Defendant A;

1. A suspect interrogation protocol of D;

1. Each statement made to G, H and I;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with labor for an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation (the scope of compensation is not clear by agreement with the Defendants, and thus it is not reasonable to issue an order for compensation) [the scope of recommendation] general injury in cases where the mitigation area (2-1 year), the mitigation area (2-1 year), the mitigation area (2-1 year), the reduction area (including efforts to recover damage), or considerable damage is restored [the decision of sentence] agreed with the defendants [the decision of sentence], the defendants are contingent crimes, there are causes attributable to the occurrence of the case, the victim, the first offender in the case of the defendant A, and the degree of participation in the crime of the defendant B is relatively minor, the execution of imprisonment with prison labor against the defendants shall be suspended.

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