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(영문) 서울북부지방법원 2016.02.19 2015고단3660
상해
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a player of a DM club, and Defendant B is a player of the EM club.

On October 27, 2013, while the Defendants were holding a club counter-fluorial games held by the Jung-gu Federation of the Jung-gu Incheon Metropolitan City, Jung-gu, Seoul, the Defendants became a starting point to assess the face of the Defendant A by combining the Defendant A and the public entertainment.

1. Defendant A: (a) sold the face and body part of the Victim F (24 tax) in a food and plant at the above date, time, place, and the body part of Defendant A, and suffered injury to the victim, i.e., a bridge, etc. requiring approximately eight weeks medical treatment.

2. Defendant B: (a) sold the face and body part of the Victim A (31) by drinking and spawn at the above date, time, and place; and (b) inflicted injury on the victim, i.e., taking approximately six weeks of treatment; and (c) the body part of the victim’s body.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of each medical certificate (Evidence Nos 2, 49), injury diagnosis certificate (Evidence List Nos. 43) statute

1. Each defendant of the relevant Article of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act, and the choice of imprisonment;

1. Each defendant of suspended execution: The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommendations] general injury [the scope of punishment] shall be determined as per the order, taking into account the following factors: (a) in the mitigated area of Article 62(1) of the Criminal Act (two months to one year) (special mitigation [the victim], where the victim is also responsible for the occurrence of a crime, the victims are not entitled to the punishment; (b) the victims are not entitled to the punishment; (c) the defendants are against the mistake; (d) the circumstances leading up to the crime are against the defendants; and (e) the defendants have no record of being subject to the punishment heavier than the fine.

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