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(영문) 대전지방법원 천안지원 2015.11.27 2015고단269
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:25 on December 29, 2014, the Defendant and C jointly agreed with the victim D(the age of 45), the victim E(the age of 46) and the Si expenses with respect to the traffic accident that occurred prior to it. C took time when the victim’s face due to drinking and shot, and the Defendant took time when the victim’s face is taken, and the Defendant took time when the victim’s face is taken, the victim D’s face is closed for about 5 weeks, and the right-hand rupture is cut to the victim E for about 6 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made in each police interrogation protocol against C, D, or E;

1. Statement made by the police officer in F and G;

1. Application of statutes to field photographs (including photographs of the upper part) at the time of the case

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Type 1 (General Bodily Inflicting) (Special Bodily Inflicting Persons), mitigated elements of punishment (decision on the recommended area), mitigated areas of punishment, imprisonment with prison labor for two months or from one year; and

(b) Final sentence scope according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than two months from one year to six months;

2. The victims of the determination of the sentence have suffered considerable injury by being subject to non-discriminatory violence at the end of the trial at the distance, and the defendant has suffered the same kind of criminal records.

However, the defendant's mistake is recognized, the leading of the crime of this case appears to be C, the defendant shall pay the victims a total of five million won, the victims shall be paid a total of five million won, the victims and the victims shall be punished only for violent crimes, and the punishment shall be imposed in favor of them.

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