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(영문) 대구지방법원 안동지원 2018.07.24 2017고단793
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 is between B, C, D, and E.

On June 21, 2017, the Defendant, at the time of Ansan-si F, around 03:0 on the ground that the Defendant, while smoking tobacco together with B, C, D, and E on the front side of GPC room in Ansan-si, 2017, changed the Victim H (26 tax) and the Victim I (25 tax).

Accordingly, B was sealed with H with his hand, and then h h h h h h h h h h h h h h h h h h, h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

Thus, the Defendant et al. inflicted injury on H, such as “satis in an open two body,” which requires treatment for about 34 days, and inflicted injury on I, such as “brain sugar in an open two body,” which requires treatment for about 3 weeks.

Accordingly, the defendant, together with B, C, D, and E, sustained each injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against C, D, B, or E;

1. Each police statement made to I and H;

1. Application of Acts and subordinate statutes to report internal investigation, each medical certificate, and each investigation report;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was involved in the crime of this case, the background leading up to the defendant's participation in the crime of this case, the degree of assault committed by the victims, the degree of harm inflicted upon the victims, and the fact that there is no agreement with the victims, other accomplices were punished as a fine by agreement with the victims. The defendant has no record of being punished for the same kind of crime before, and all of the crimes of this case are contrary to the recognition.

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