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(영문) 서울북부지방법원 2017.11.15 2017고단3061
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A은 2017. 4. 4. 22:09 경 서울 중랑구 D에 있는 E 호프 앞에서 동거인 F을 때리려고 하는 것을 피해자 G(34 세) 이 쳐다보았다는 이유로 피고인 A의 친구인 피고인 B가 피해자 G에게 “ 뭘 쳐다보냐

The Defendant A flicked the victim’s breath while doing so, and Defendant A flicked the back of the victim G.

Accordingly, the victim H(34) of the victim G, who is a driving day of the victim H(34) of the victim G, the defendant A, who was going beyond the floor, was able to walked the victim H face of the victim Ha, and was able to take the face of the victim Ha because of drinking, and the defendant B, who was able to take the face of the victim G due to drinking, suffered injury to the victim Ha, such as cutting the aggregate of the four-day suspensions that require approximately six weeks of treatment.

Accordingly, the Defendants jointly assaulted the victim G and inflicted an injury on the victim H.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of each police officer in relation to G or H;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to video recording data on I apartment houses;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act as to the crime in question, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence) and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month from January to June 13;

2. Crimes No. 1 [Scope of Recommendation] of the scope of the recommended punishment according to the sentencing guidelines shall be the basic area (4 months to one year and six months) of the No. 1 (special sentencing factors) [the mitigated person] - Where the mitigated person is not subject to punishment (including serious efforts to recover damage), or where considerable damage has been recovered from the damaged part: Crimes No. 2 of the serious injury (1 to four types of injury) [the scope of the recommended punishment] of the mitigated area (1 to eight months) [the mitigated person] of the mitigated area (the mitigated person] of the mitigated area (the mitigated person] of the type of assault (1 to 8 months).

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