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(영문) 수원지방법원 안산지원 2016.07.14 2016고단1554
상해
Text

Defendant

A Imprisonment with prison labor for four months, for six months, for each of six months.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. On December 7, 2015, Defendant A, at around 23:43, at the main point of “E” in “E” before Ansan-si, Ansan-si, the Defendant: (a) took the victim B (31) and C (31) and C (31) while drinking the horses, and took the face of the victim C while drinking the horses.

As a result, the Defendant inflicted injury on the victim B, such as the victim C’s abdomination of an unknown tent, which requires treatment for about 21 days, and the victim C’s abdomination of a baby in need of treatment for about 14 days.

2. 피고인 B, 피고인 C 피고인들은 제 1 항 기재 일시, 장소에서 제 1 항과 같은 피해자 A(31 세) 의 폭행에 대항하여 피고인 B은 주먹으로 피해자의 얼굴을 때리고 바닥에 넘어뜨리고, 피고인 C은 발로 바닥에 넘어진 피해자의 얼굴을 1회 걷어찼다.

As a result, the Defendants jointly inflicted an injury on the left-hand side and the framework of the body that requires treatment for about 56 days to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each injury diagnosis letter;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; the choice of imprisonment

B. Defendant B and C: Pursuant to Article 1 subparag. 2 of the Criminal Act on the Punishment of Violences, etc., the new law shall apply.

Article 2 subparag. 2 subparag. 3, Article 257 subparag. 1 of the Criminal Act, Selection of Imprisonment

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Sentencing criteria;

A. Defendant A [the scope of recommended punishment] General Injury (the scope of recommendation) and the mitigation area (two months to one year) [the person who has been specially mitigated] Punishment Non-Preparation (including efforts to recover damage)

B. As to Defendant B and C’s amended laws, the sentencing guidelines have not yet been set.

2. The conditions under which the sentence is determined, and the age, occupation, sex, environment, and circumstances before and after the instant crime are committed.

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