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(영문) 서울동부지방법원 2020.05.25 2019고단2242 (1)
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violence, etc. Act (joint injury) against the victim B (the age of 19) jointly with the provoking C on January 1, 2019, when there is a dispute that the Defendant faced with F and shoulderer on the front side of the “EM store” located in Gwangjin-gu Seoul Special Metropolitan City on January 1, 2019, and C has pushed off one time the chest of the victim who is adjacent to C, and the Defendant took one time the face of the victim who was used on the floor of drinking, and the Defendant sustained the victim’s face from around 3 to 4 times in combination with C, while walking up about 2 weeks in an open space where treatment is required for approximately 2 weeks.

2. The Defendant injured the Victim F (19 years of age) at the above date, time, and place as seen above, gave up the Victim’s face one time, cut off the Victim’s face, and then cut off the Victim’s chest to the Defendant at one time, and cut off the Victim’s chest to the Defendant at one time, and then cut down the Victim’s chest to the right end for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and B;

1. Photographs of the upper part of the body;

1. Application of Acts and subordinate statutes to an investigation report (investigative report, etc.);

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 3 of the Act on the Selection of Punishment of Violences, etc., Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Violation of the Punishment of Violences, etc. Act (Determination of Punishment of Violences) / [Determination of Punishment of Violences] / No person who has a general injury [Class 1] / No person who has a special injury [the area of recommendation and recommendation] [the scope of recommendation and recommendation] basic area, April to January 6 [the general person] - an aggravated element: two persons.

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