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(영문) 수원지방법원 안양지원 2015.07.09 2015고단544
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 20, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint assault) committed a assault against D in collaboration with D by having the victim F (29 years old), who was danced with D and E, while working at the clock site of the clock in Ansan-si around 01:00, on the ground that the victim’s body was pushed off with D, E, etc., and the victim’s body was pushed off by hand.

2. On November 20, 2014, at around 01:10, the Defendant: (a) abused the victim, as in the preceding paragraph, and returned to the same place; and (b) took care of the victim’s face from the victim at the entrance of the toilet, and took care of the victim’s face on the ground that he/she was faced with her bucking, the Defendant inflicted an injury on the victim for approximately 43 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of police interrogation of some police officers against D and E;

1. The police statement concerning F;

1. A written statement of the G production;

1. Application of a written diagnosis of injury, a victim's face photograph, and statutes;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) of the same Act, Article 260 (1) of the Criminal Act (the point of joint violence, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations: Imprisonment for up to six months and imprisonment for up to two years; and

(a) An injury (type 1, 4) in general, to a person under special duration (type 1, 4) of category 1 (type 1, 2) or 1 (type 1, 2).

(b) Type 1 (General Violence) and category 2 (2) of the basic area (2 to October) of the crime; and

C. Aggravation of multiple offenses

2. Although the degree of injury of the victim to whom the sentence of sentence has been pronounced is significant, the defendant is the first offender and is one.

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