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(영문) 수원지방법원 성남지원 2018.10.17 2018고단881
폭력행위등처벌에관한법률위반(공동상해)
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

[Defendant B] The defendant shall be punished by imprisonment for four months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A and the defendant B are the same kind of Dong and Dong life.

On December 2, 2017, around 04:30 on December 2, 2017, the Defendants conspired to go back to the victim’s back to the victim’s back to the victim’s end on the ground that the Defendants took a bath from the victim E, and that the Defendants were forced to go back from the victim’s back to the victim’s end.

The Defendants: (a) followed the victim, Defendant A was able to take the face of the victim by drinking, and (b) the suspect B was able to take the face and body of the victim by drinking and drinking together with the victim; and (c) caused injury to the victim, such as the mouth of the floor and the 45-day treatment for approximately 45 days by taking the face and body of the victim due to drinking and launching.

As a result, the Defendants jointly injured two or more victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning examination of the suspect of the prosecution against H and I;

1. Statement made by the prosecution against E;

1. Report of 112 Incident, on-site photographs, and diagnosis reports of injury, and each diagnosis report;

1. Application of Acts and subordinate statutes to photographs and investigation reports (to listen to the statements of telephone conversations by shots);

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

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of sentencing recommended according to the sentencing criteria;

A. The injury of Defendant A [the scope of recommended punishment] In general, Type 1 (General Bodily Injury) (6 months to 2 years) (special aggravated harm) (1, 4) in the aggravated area (6 months to 2 years)

B. Defendant B [Scope of Recommendation] General Injury in Type 1 (General Bodily Injury) in the basic area (from April to one year and six months) [Special Mitigation (Aggravated Reduction)] Involuntary injury (1 and four types)

2. Determination of sentence [Judgment by Prosecutor] Defendant A: Imprisonment with prison labor for six months / Defendant B; imprisonment for four months; imprisonment with prison labor for one year, the victim’s treatment period for a suspended sentence of one year is considerably long; and the victim’s face and snow falls under dangerous parts.

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