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(영문) 수원지방법원 안양지원 2013.05.15 2012고정1288
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

At around 00:30 on February 24, 2012, the Defendants: (a) while drinking alcohol with members of the Sinpo-si D'E located in Sinpo-si; (b) Defendant B left the wall to the wall for the reason that the lower members of the Gunpo-si, and (c) left the wall to the other table to which the glass wave belongs; and (b) the Defendants laid to the victim F (29), G (29), and H (29 years old) who was sitting in another table and drinking alcohol, and laid to the victim and the body of the victims.

이에 피고인 A는 주먹으로 피해자 H의 얼굴을 1회 때리고, I은 피해자 F의 얼굴에 담배꽁초를 집어 던지고, 발로 피해자 G의 허리부위를 1회 걷어차고, 머리로 피해자 H의 얼굴을 1회 들이받고, 피고인 B은 발로 피해자 G의 옆구리를 1회 걷어찼다.

As a result, the Defendants jointly put about three weeks of treatment to the victim G, put about a fluoral finite, put about approximately one week of treatment to the victim H, and assaulted the victim F.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of the witness J, H, F and G;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of the Act on the Punishment of Violences, etc. and the choice of punishment: Defendants: Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act (the point of joint violence and the selection of fines), Article 2 (2) and Article 1 subparagraph 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury and the selection of fines);

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

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants to be suspended from sentence: Fine of 700,000 won; and

1. The defendants of suspended sentence: The defendants under Article 59 (1) of the Criminal Code have no record of crime exceeding the suspension of qualification, and paid the victims the agreed amount through civil lawsuits, and others.

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