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(영문) 전주지방법원 군산지원 2015.09.04 2015고단15
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 8, 2014, at around 04:43, the Defendants came to be a Sivic in the direction of the victim F (the age of 23) who was going to run in the way of “Ecafeteria” located in Sinsan City D, and Defendant A was assaulted by the said victim first, and Defendant B took the face, arms, etc. of the said victim as drinking, and Defendant A went to the back of the said victim, and Defendant A went to the back of the said victim.

계속해서 피고인 B은 위 피해자의 일행인 피해자 G(23세)이 싸움을 말리자 손으로 피해자 G을 밀쳐 넘어뜨린 후 발로 피해자 G의 얼굴을 수회 걷어차고, 피고인 A는 발로 피해자 G의 얼굴을 1회 걷어찼다.

As a result, the Defendants jointly committed violence against the victim F, and inflicted injury on the victim G, such as the depression for about 120 days in need of medical treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Legal statement of witness G;

1. Police suspect interrogation protocol regarding F;

1. A medical certificate of injury (record 93 pages of evidence);

1. Application of the photographic Acts and subordinate statutes;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Article 257(1) of the Criminal Act, Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260 of the Punishment of Violences, etc. Act, each of the choice of imprisonment for a crime

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The first-class crime (determination of types) subject to the sentencing guidelines (determination of types) [victim G] subject to the general injury of violent crime group [the scope of recommending sentences] subject to the first-class (person under special circumstances] subject to the punishment of injury to violent crime group [the scope of recommending sentences] subject to the second-class (victim F] / [the decision of types] subject to the punishment of assault crime of violent crime group [the person under special mitigation] subject to the punishment not subject to the punishment [the scope of recommending sentences] subject to the aggravated punishment of multiple crimes: Imprisonment.

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