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(영문) 대전지방법원 2013.04.12 2012고단4907
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On August 4, 2012, around 04:35, at the front of the E-agency in Seo-gu, Daejeon, Daejeon, the victim F (23 years of age) brought about the defendants with the desire of the defendants to desire to foreigners, on the ground that the victim F (23 years of age) brought about the defendants "drawing to foreigners", Defendant B was able to flick the victim's flick face and flicked with a drinking face once, and flicked the bridge.

During a series of times of drinking and salaking the body of the victim, the Defendants: (a) Defendant A, who took the victim’s body without mind during the course of driving the body of the victim; and (b) Defendant A, who took the victim’s face in drinking, suffered bodily injury, such as thrings (including strings), salkeings (including strings), cutting off on the left, cutting off on the left, cutting off on the left of the victim’s body, and cutting off the victim’s face in drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

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

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Defendants subject to suspended sentence: Reasons for sentencing of Article 62(1) of the Criminal Act [the scope of applicable sentences] [the grounds for the suspended sentence] : 1 month to 10 years [the period of applicable sentences] - Special mitigation element - Damage recovery from sources of punishment or a considerable portion of damage - serious injury - general mitigation element - there exists no record of criminal punishment - No record of general mitigation element - two or more joint crimes [the scope of recommending punishment] violent crime group, general injury, type 1 (joint injury), basic area, type 1 (joint injury), prison term from April to 1 year 6 [the grounds for suspended sentence] major reasons for suspended sentence - No record of criminal punishment - general witness - general witness - it is clear that there is no record of criminal punishment : prison term, contingent crime, serious reflect [decision of sentenced sentence], in August, 200, and the person who has been recognized to be subject to suspended sentence and reasons for suspended sentence for suspended sentence for two or more years.

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