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(영문) 수원지방법원 2017.11.10 2017고단4248
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and B had been friendly from about five years ago, and the victim C (19 years of age) came to know from May 5, 2017 through introduction after the defendant and B knew of the peace.

1. Around 16:50 on May 16, 2017, Defendant B violated the Punishment of Violences, etc. Act (joint assault) and Defendant B, at the Eel Underground Parking Lot located in Suwon-gu, Suwon-si, 2017, on the ground that the said injured person did not properly interfere with the drinking required by the Defendant and B and made a false statement. B, Defendant A took time for the victim’s face, chest part, etc. with the floor of hand and drinking, and B took the victim’s face and chest part by drinking, etc.

Accordingly, the defendant and B jointly assaulted the victim.

B. On May 23, 2017, the Defendant and B violated the Punishment of Violences, etc. Act (joint injury) around 17:00 on May 23, 2017, on the ground that the said victim did not act in the direction against women's problems. B met the victim's face, chest, fry, fry, etc. with the finger floor and drinking, and Defendant A met the victim's face, chest, breast part, etc. with the finger floor and drinking.

As a result, the defendant and B jointly put about a variety of diversary typology that requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (victim C's damaged part);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) of the Criminal Act, Article 3 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault) and selection of imprisonment for each of the following reasons:

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is a long time.

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