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Reasons
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(영문) 의정부지방법원 2016.11.29 2016고단4369
상해등
Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. On June 13, 2016, Defendant B violated the Punishment of Violences, etc. (joint assault) by the Defendants (joint assault) committed a dispute over the victim E (the age of 22) and the shoulder while he was faced with the D points that were in front of the D points in the Jung-si City of the Government of the Republic of Korea on June 13, 2016.

On the other hand, Defendant A listened to the phrase that Defendant B is in a dispute as above, and went to the above place, and took the victim F's horse dispute with the victim F, and took the head kne face, kneeing the victim F's head knee face, and Defendant B took the head of the victim F in his arms, and knee face. Defendant B took the face of the victim F.

Defendant B continued to broom the victim’s left part of the victim F with plastic brooms, and later Defendant B took the face of the victim E.

Accordingly, the Defendants jointly assaulted the victim F and the victim E.

2. The Defendant injured the Defendant at the place specified in paragraph (1) at the same time and place specified in paragraph (1) of the same Article, when knee and drinking knee and drinking the victim’s face, the Defendant injured the victim by taking the head of the Victim G (the age of 19) who is working in F and E, such as F and E, and taking the victim’s face into account knee and drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of F in the police interrogation protocol concerning A;

1. A protocol concerning the examination of each police officer in relation to G, F, and E;

1. A written statement of G, F and E;

1. Each photograph;

1. A report on investigation (CCTV extracts) and a report on investigation (CCTV confirmation);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) A of the Criminal Act (the choice of imprisonment with prison labor) : Article 257 (1) of the Criminal Act (the choice of imprisonment with prison labor)

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

1. The Criminal Act, the suspension of execution;

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