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(영문) 대전지방법원 홍성지원 2013.09.11 2013고단618
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

On June 27, 2013, at the main point of “E” located in Boan-si, Ma, 22:30 on June 27, 2013, the Defendants jointly followed alcohol with the victim F (24 years of age) and asked the victim to pay the wages to the Defendant B, and the Defendant A, at the above time, took part in the victim’s face and body, and the Defendant B suffered injury, such as cutting off the inside and inside the wall that require approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. The scene of the case and photographs of the injured part of the victim;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., factors indicated in the reasons for sentencing) of the suspended sentence is that the Defendants jointly inflicted eight-way injury on the left side of the body part of the victim, which is an important body part of the victim, and the nature of the crime is not good. On the other hand, the Defendants reimburseed a certain amount and agreed with the victim, Defendant B did not have the same criminal record, and the Defendants appear to be against the victim while making a confession of the instant crime. Considering the factors for sentencing favorable to the Defendants, the Defendants should be considered as the factors for sentencing. In addition, each sentence against the Defendants shall be determined by comprehensively taking into account the following factors: the Defendants’ age, character and conduct, environment, circumstances after the commission of the instant crime, and all the conditions for sentencing

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