(영문) 수원지방법원 안양지원 2019.05.14 2019고단146

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(영문) 수원지방법원 안양지원 2019.05.14 2019고단146

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

On November 24, 2018, at around 04:15, the Defendants jointly 04:15, and the victim E (the age of 28) and Si guarded the victim E (the age of 28) and the victim escaped after leaving the Defendant A, and accordingly, the Defendant A her drinking the victim, the victim was taken out by the victim, the victim was taken by the victim, and the Defendant A her drinking the victim from the body of the victim, and the Defendant A continued her drinking the victim who was going to the body of the victim, and the victim her walking from the victim to the victim was injured by the victim, such as internal and internal walls, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendants’ partial statement

1. Police suspect interrogation protocol of E or F;

1. The police statement concerning G;

1. Investigation report (Attachment of CCTV images);

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

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

1. Defendants in a suspended sentence: The fact that the degree of injury of the victim on the grounds of sentencing under Article 62(1) of the Criminal Act is serious is disadvantageous to the Defendants.

Meanwhile, there are some circumstances that may be taken into account the background of the occurrence, such as the victim's first time, etc.; Defendant A is the primary offender; Defendant B is not a criminal record exceeding the fine; and the victim does not want the punishment of the Defendants by agreement with the victim.

In these circumstances, the defendants' age, character and conduct, environment, circumstances, circumstances before and after the crime, and various sentencing conditions shall be determined as per Disposition.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

-형법 제62조 제1항

-형법 제257조 제1항

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