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(영문) 인천지방법원 2017.06.08 2017고단584
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2016, at around 01:10 on October 29, 2016, the Defendant, along with his pro-facing C, was suffering from the second floor of the building D in Nam-gu Incheon Metropolitan City, where C was drinking the victim E, and the victims’ face by drinking the victim E, while the Defendant was able to take the victim’s head debt by hand. After taking the victim’s head debt by hand, the Defendant was facing the head and facing the victim’s head facing, making the head and facing the victim’s head fac, and then facing the victim’s head facing by drinking.

As a result, the Defendant assaulted the Victim F in conjunction with C, and inflicted injury on the Victim E, such as impairment of the face requiring treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of each police officer in relation to E and C;

1. Each police statement concerning G and F;

1. A written diagnosis of injury;

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

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act concerning the crime, Article 2(2)3 of the same Act concerning the selection of a punishment, Article 257(1) of the Criminal Act (the point of joint injury) and Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence) and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Joint injury (Scope of recommended punishment) No. 1 type (general injury) in the mitigation area (two months to one year) (including special mitigation persons), the punishment of non-members (including serious efforts to recover damage);

2. Joint assault (Scope of recommended punishment) in the basic field (from February to October) of the Act on the Punishment, etc. of Crimes of Violence Nos. 1 (general assault).

3. The scope of final sentence due to the aggravation of multiple offenses: Two months to one year.

4. The sentence of sentence has not been agreed with the Victim F, but has been agreed upon with the Victim E, and the same criminal record.

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