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(영문) 대전지방법원 논산지원 2017.04.25 2016고단561
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

1. The Defendants committed the joint crime of the Defendants: (a) around 02:30 on September 11, 2016, 2016, and (b) on the street before E, Defendant A, while she talked with the victim F, she saw the victim’s son while she saw the victim’s son while she talked with the victim’s son, she saw her her son, and her son her son her her son, and her son her son her son her son her son her son, and the Defendant B her her son her son her son her son. The Defendants continued to take over the victim’s her son on several occasions and sustained the victim’s her face, and sustained the victim’s her b

2. Defendant B, on the same date and time as that of paragraph (1), and at the same place, stolen a cell phone in an amount equivalent to 700,000 won at the market price of the defective victim’s cell phone owned by the victim.

Summary of Evidence

1. The defendant B's partial statement

1. Each legal statement of witness F and G;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 1 of the Criminal Act (the choice of imprisonment): Defendant B: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury) (the point of joint injury), Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

1. Aggravated concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. The Defendants are subject to suspended sentence under Article 62(1) of the Criminal Act. In particular, the Defendants committed the instant crime again despite the fact that the Defendants were punished several times for the same crime (in the case of Defendant B, 5 times of a fine, and 3 times of a suspended sentence), and there are no unfavorable circumstances, such as the victim’s injury. However, the Defendants did not agree with the victim at the latest. However, the Defendants did not agree with the victim. In addition, the Defendants’ age, attitude, sex, environment, criminal records, criminal records, circumstances after the commission of the instant crime, and all of the sentencing conditions shown in the instant pleadings, including the circumstances after the commission of the crime.

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