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(영문) 수원지방법원 2014.09.03 2013고단6586
상해
Text

Defendant

A Imprisonment for six months, each of the defendants B and C shall be punished by a fine of three thousand won.

Defendant

B and C, respectively.

Reasons

Punishment of the crime

At around 23:10 on July 29, 2013, the Defendants: (a) 23:23:10 on the street in front of the extension of the “F” term “F” located in Heung-gu, Young-gu; (b) Defendant A, who interested in the victim G (the age of 47) and the Si expenses, had flabed the victim’s chest, and flabed the victim’s chest, and Defendant C, together with the flab, met the victim’s chest, and flabed the victim’s chest, and followed the victim’s “I flab,” and the victim G jointly flabed the victim’s clothes, legss, and flabed the victim’s flab at the bottom of the flab, which was accompanied by a flab that requires treatment for about six weeks.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G, H and I;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 2(2) and (1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (Article 2(2) of the Criminal Act (Article 2(1)3 of the same Act and Article 257(1) of the Criminal Act against Defendant A)

1. Defendant B and C at a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B and C: Grounds for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A);

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Aggravation the scope of the sentencing guidelines [decision of types] the range of the recommended sentences for the sentencing guidelines, violence crime group-general injury [the scope of the recommended sentences] the aggravated area (six months to two years of imprisonment]: Serious injury.

3. The degree of injury of this case is significant in the determination of sentence, and Defendant A has not yet agreed with the victim;

However, the order is based on the fact that Defendant A deposited KRW 6 million for the victim, that Defendant A did not have any criminal power, and other circumstances leading to the occurrence of the instant crime.

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