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(영문) 인천지방법원 2017.01.20 2016고단6418
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for ten months.

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

Reasons

Punishment of the crime

Defendant

A and Defendant B are on duty, and victims D and victims E are on duty.

On April 26, 2016, around 01:23, the Defendants: (a) between the first floor and the second floor of the F building in Nam-gu Incheon Metropolitan City, and (b) between Defendant B and the second floor of the second floor, and (c) Defendant A, who was mistaken for the said D to take the floor of the said D with his hand, committed a dispute with the victim D (21) and the shoulder.

At the end of the foregoing vision, Defendant A met the face and body of the above D by drinking and launching, and Defendant B met the face and body body of the above D by drinking and drinking, and Defendant B sustained the injury of the above D on the part of the number of days of treatment.

The Defendants jointly committed an injury to the victim E (21) in which the victim E (3) was aware of the face side of the above E, etc., and the Defendants were able to receive approximately 8 weeks of treatment, and suffered injury to the said E, such as dynasium, closure, etc.

As a result, the Defendants jointly inflicted injury on the above D on the face of the unclaimed number of days of treatment, and inflicted injury on the above E, such as the frame and closure of each frame that requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect by the prosecution against the defendant A (including the whole part of interrogation);

1. Each police statement made in relation to D, E, and G;

1. Application of Acts and subordinate statutes to photographs and diagnostic notes of the body of the victim's DNA face;

1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (the choice of imprisonment) concerning criminal facts;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. The Defendants in the suspension of execution: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do320, Apr. 1, 2006);

1. Defendants to observe protection and provide community service order:

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