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(영문) 서울동부지방법원 2014.08.27 2014고단1842
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

, however, for one year from the date this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendants are working in a way between friendships, and victims D (18 years of age), victims E (18 years of age) and victims F (19 years of age) are working in a way between friendships.

On January 28, 2014, at around 05:45, the Defendants were in Gwangjin-gu Seoul Special Metropolitan City G, and Defendant A faced with the shoulder with the victim D, and Defendant A was faced with face from the victim E.

Accordingly, Defendant A taken twice the face of the victim E in drinking, taken the victim's face in drinking, taken the victim's face more than once in drinking, taken the victim's face more than once in drinking, taken the victim's face more than once in drinking, taken the victim's face more than once in drinking, taken the victim's f's face, and taken the victim's face in drinking.

As a result, the Defendants jointly committed the injury to the victim E, such as the old-scal fever in which the number of treatment days cannot be known to the victim E, the old-scal fever in which the number of treatment days cannot be known to the victim D, and the victim F, which requires approximately four weeks of treatment, such as the left-hand pel-mordle pel-mordal marm

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the Defendants (including E, D, and F statements)

1. Each police interrogation protocol of the Defendants and E

1. The police statement concerning F;

1. Each report on investigation;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of suspects and victims;

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (1) of the same Act concerning the selection of a punishment, and Article 257 (1) of the Criminal Act;

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

1. Suspension of execution: Reasons for the sentencing of Article 62(1) of the Criminal Act [Determination of the area of recommendation] Article 1 of the General Injury [Determination of the area of recommendation] Basic Field / [Scope of recommendation] April to one year and six months / [general-one year and six months]. Aggravations that have no record of criminal punishment: Where two or more persons jointly commit a crime [whether suspended sentence of imprisonment is suspended].

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