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(영문) 창원지방법원 통영지원 2017.11.29 2017고단1118
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

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

However, each one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A and the Defendants around January 19, 2017: (a) around 21:57, around the D gas station located in C at the city of Gyeongnam-do; (b) on the front of the D gas station in front of the D gas station; and (c) on the ground that the Defendants: (a) on the part of the vehicle on which the taxi aboard the Defendants got a light from the vehicle on which the victims E (26 years old); (b) the Defendants got out of the taxi two times of the victim’s face; (c) the taxi gets out of the taxi, and (d) the Defendant B took one time of the face of the victim by drinking at the port.

As a result, the Defendants jointly inflicted an injury on the victim, such as an influence of a 4-day therapy, which requires approximately four weeks of treatment.

2. Defendant A, at the same time and place as described in paragraph 1, f(32) of this Article f(s) of the victim F(s) of E, and f(s) of the victim’s face one time by drinking f(s) of E, the victim’s face f(s) of the victim’s face was taken once as head, and the victim’s face was taken at one time as head, 5 times as head, 5 times as head, and flick part(s) of the victim’s face.

As a result, the Defendant inflicted injury on the victim, such as an internal body felbris, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to each investigation report (as to the attachment and diagnosis ofCCTV images);

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 257 (1) of the Criminal Act (the point of joint injury) and Article 257 (1) of the Criminal Act, Defendant B who has selected imprisonment: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the choice of imprisonment)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants of a suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act; and

1. Defendant A who is in the scope of the applicable sentences under law: Imprisonment for one month to September 15: Imprisonment for one month to ten years; and

2. Defendant A: The scope of punishment recommended according to the sentencing criteria; and

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