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(영문) 광주지방법원 2017.05.12 2017고단460
폭력행위등처벌에관한법률위반(공동상해)등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 폭력행위 등 처벌에 관한 법률위반( 공동 상해) 피고인은 2016. 11. 6. 08:00 경 광주 북구 D에 있는 “E” 식당 앞길에서, 피해자 F( 남, 23세) 이 자신의 일행을 쳐다보았다는 이유로 시비가 되어 다투던 중, 위 피해자가 욕설을 하자 화가 나 머리로 위 피해자의 좌측 턱 부위를 수회 들이받고, 후배인 G도 이에 합세하여 주먹으로 위 피해자의 좌측 턱 부위를 수회 때리고 발로 위 피해자의 몸통과 얼굴 부위를 수회 찼다.

As a result, the defendant, together with G, sustained a bodily injury such as the left-hand pelle of the 4 weeks of medical treatment.

2. In the date, time, and place set forth in paragraph 1, the injured Defendant received several parts of the victim’s face face from the head on the ground that the victim H ( South, the age 23) who is working in the above F said F fights, and continued to do so on the ground that the victim I ( South, the age 28) said victim I ( South, the age 28) expressed fightings, and received several parts of the victim’s face from the head on the ground that the victim H and I expressed fightings, and suffered injury, respectively, to the victim H and I for two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with regard to F;

1. Each statement of H and I;

1. On-site evidence and photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a victim H and I diagnosis report), investigation report (Attachment to a victimF diagnosis report);

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. The scope of punishment recommended according to the sentencing criteria; and

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