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(영문) 수원지방법원 2016.10.14 2016고단4297
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for eight months.

However, with respect to Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A entered a hotel on January 22, 2016, around 02:02, to be accommodated in the "D hotel" located in the "D hotel". On January 22, 2016, around 02:02, A entered a hotel staff member E (34 years of age) and accommodation expenses, which was punished for trial expenses, followed the victim's face by drinking, followed the Defendants, in the parking lot of the above hotel, and Defendant B went beyond the floor of the victim, and the victim's body was bread by drinking and drinking after breaking the victim's body, while the victim's body was in excess of drinking and drinking, the victim's body was bread from which the number of days of treatment cannot be known to the victim.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement prepared by E;

1. Entry into an investigation report (Dor CCTV analysis) and each video;

1. Application of the Acts and subordinate statutes describing internal investigation reports;

1. Relevant Article of the Punishment of Violences, etc. Act and Article 2 (2) 3 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Defendant A who has been suspended from the execution of sentence: Reasons for sentencing against Defendant B under Article 62(1) of the Criminal Act (including the fact that the Defendant has no record of criminal punishment for the last ten years, confession of the crime, and agreement with the victim);

1. The range of recommendations on the sentencing criteria [type] and the range of general injuries [type 1] and the mitigated area (person subject to special mitigation] shall be sentenced to imprisonment for 2 months to 1 year; and

2. This provision shall not apply to cases where there exist favorable circumstances, such as the fact that the defendant has agreed smoothly with the victim to commit a crime; and

However, although the defendant had previously committed several violent crimes while working as organized violent crime, he has now withdrawn from the currently violent organization, he had exercised the violence against the general public without any particular reason, as in the previous activity, and the extent of the use of the violence and the degree of the injury of the victim are considerably significant.

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