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(영문) 춘천지방법원 2013.10.17 2013고단739
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On June 20, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint injury) around 03:30 on June 20, 2013, the victim E (18 years of age) was able to see the victim’s face with his/her hand floor for the reason that the victim E (18 years of age) gets her her her her her her her her her her her her her her her her her her her her her her her her her her her her face, and F, the Defendant her her her her daily her her her her her her

Accordingly, the defendant, together with F, injured the victim.

2. During the date and time set forth in paragraph 1, the injured Defendant was faced with the victim G (the age of 18) who was at the time and place E, and the victim’s boomed from drinking to drinking, followed up approximately two weeks of treatment to the victim, resulting in the victim’s booming.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F and E;

1. Each police statement of G and H;

1. A written statement of I and J;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E), diagnosis certificate (G);

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 257 (1) of the Criminal Act and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Where at least two increased factors are jointly committed in the basic area of crimes No. 1 of the holding [the Determination of the recommended area] general injury (the Determination of the recommended area] of violence [the scope of recommending punishment] 4 months to 1 year and 6 months [the general person] - Where two or more increased factors are jointly committed;

2. Crimes No. 2 of the holding [Determination of Punishment] - General Inflicting [Special Inflicting Persons] - Minor Injury (Types 1, 4] of Mitigation Elements / [Determination of the recommended area] mitigated area [Scope of Recommendation] between February and one year;

3. Basic crimes with the upper limit of crimes subject to the application of the standards for handling multiple crimes.

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