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(영문) 수원지방법원 안산지원 2016.03.17 2015고단4044
상해
Text

Defendants shall be punished by imprisonment for four months.

However, it is against the Defendants for one year from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B은 2015. 6. 26. 02:55 경 안산시 단원구 D 빌딩 1 층 복도에서, 피해자 E(24 세, 남) 이 술에 취해 피고 인의 일행에게 시비를 거는 것에 대해 중간에 서서 제지하던 중 피해 자가 피고인에게 주먹을 휘두르며 욕설을 하자 이에 화가 나 피해자의 멱살을 잡아 흔들어 바닥에 넘어뜨린 후 피해자의 안면 부를 2회 정도 발로 찼다.

Defendant

On June 26, 2015, at around 03:24, at the first floor of the D Building in Ansan-si, an Ansan-si, the victim was under the influence of alcohol, and the defendant A was able to take a bath, and the defendant A was able to take a part of the victim's inner part of the victim's inner part due to drinking, and the defendant C was able to take part of the victim's inner part of the victim's inner part of the drinking part of the drinking part.

As a result, the Defendants suffered injury to the victim, such as inside the left-hand side of the 8 week medical treatment, and pelke, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement in the police statement protocol against E;

1. Each statement in the diagnosis report on injury E and in the investigation report (CCTV analysis information);

1. Application of each of the visual Acts and subordinate statutes in relation to the instant pictures (CCTV)

1. Relevant provisions of the Criminal Act and Articles 257(1), 263, and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. In a case where the scope of general injury to a sentence for sentencing under Article 62-2 of the Criminal Code of the community service order is mitigated (two months to one year), the mitigated area (including a special mitigated person), the punishment is not imposed (including a serious effort to recover damage), or considerable partial damage is recovered, the Defendants shall be sentenced to imprisonment with prison labor, taking into account the fact that multiple defendants assaulted one victim several times to inflict a relatively serious injury on the victim, and the nature and circumstances of the crime are not weak.

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