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(영문) 부산지방법원 2013.10.10 2013고단2687
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 28, 2013, around 03:30 on January 28, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint injury) and C, and D were kneeleling with the Defendant who was fighting with the victim and knekeling with the victim while fighting with the victim, and the victim gave up fighting, the Defendant was knekeling with the victim, the victim’s face and body several times due to drinking and launching, C was knekeling once the victim’s face, and D was kneing one to two times the victim’s face.

As a result, the Defendant, in collaboration with C and D, inflicted injury on the victim, such as the cutting of a felbs that require approximately four weeks of treatment.

2. In the time and place set forth in paragraph 1, the Defendant suffered injury, i.e., the victim H(22 years of age), who was kneeing in the above G, once feleing the face side of G, one-time, resulting in an injury to the victim, such as an unfeling felb that requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

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

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 257 (1) of the Criminal Act and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Jan. 1, 201; 201Do134, Feb. 1, 2

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