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(영문) 서울남부지방법원 2015.12.15 2014고단5134
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 9. 11. 02:34경 서울시 양천구 C에 있는 D 편의점 앞길에서, 피해자 E(25세)로부터 시끄럽게 떠든다는 말을 듣게 되어 시비를 하다가 피해자로부터 맞게 되자 화가 나, 주먹으로 피해자의 얼굴 부위를 수회 때리고, 불상자와 함께 피해자가 넘어지자 발로 피해자의 온 몸을 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as the left-hand side in need of approximately seven weeks of medical treatment, in collaboration with the injured party.

Summary of Evidence

1. Statement of the defendant in court (statement 10th court date);

1. Each police suspect interrogation protocol for F, G, H, and E;

1. Statement of the police officer to I;

1. Each statement of F, H, G, and I;

1. Application of Acts and subordinate statutes to photographs of injury, photographs of suspects' face, 112 report records, medical certificates, and damaged photographs;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (General Considerations as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendation] general injury (the scope of punishment]: six months to two years [the person under special jurisdiction] / [the decision of sentence 1 and four] of injury (the person under special jurisdiction] / [the decision of sentence ] the defendant repeats the crime in this case even though he had the record of being subject to juvenile protective disposition due to the same kind of violent crime; the degree of the victim's injury is limited to the implementation of artificial bones inserted into the artificial bones; the agreement or damage has not been reached up until now; and the detention warrant was executed without being summoned under this court summons.

However, since the defendant was detained, it appears that the defendant confessions a crime and reflects the depth in depth.

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