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(영문) 수원지방법원 2013.10.16 2013고단3395
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment with prison labor for four months, each of the defendants B shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:30 on December 23, 2013, Defendants jointly inflicted injury on the victim E, victim E (ma, 33 years of age), the same F (ma, 38 years of age) and parking in Suwon-si D shopping district, Defendant B took the face of the above E at several times due to drinking, Defendant B took the face of the above E at two times by hand, Defendant A took the face of the above E at two times by hand, and Defendant A takes the face of the above F at two times by drinking. Defendant A took the face of the above F at one time, and took the face of the above F at one time, etc.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the choice of imprisonment with labor, and the choice of imprisonment with labor for a crime;

1. As to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, punishment shall be determined in consideration of the following factors: (a) there is no criminal power other than fines after the lapse of 1990 to the Defendants; (b) the victims’ damage was recovered; (c) the assault in this case occurred in a somewhat contingent situation; and (d) the Defendants recognized and repented, the punishment shall be determined in consideration of the degree of assault and past force

It is so decided as per Disposition for the above reasons.

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