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(영문) 대전지방법원 서산지원 2013.05.23 2012고단877
폭력행위등처벌에관한법률위반(공동상해)
Text

1. Defendant A

A. The above defendant shall be punished by imprisonment with prison labor for four months.

(b)Provided, That the above punishment shall be imposed for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on August 2, 2012, the Defendants drinking alcohol, steering, etc. from D (request for a summary order on the same day) and from 'G frequency collected by the victim F (38 years of age) of Chungcheongnam-si, Chungcheongnam-si, Y. While Defendant A and the victim carried out a franc with respect to the chemical powder in front of the above frequency, Defendant A and the victim carried out a francing of the victim’s neck, Defendant A was able to less than the rear part of the victim’s neck and damaged the victim’s francing, Defendant B was ske of the victim’s francing, and Defendant A francing the victim’s left eye by drinking once.

In addition, Defendant B took the body and face of the victim by drinking.

As a result, the Defendants jointly inflicted an injury on the victim F with 12 weeks of credit on the shore, marine, brine, and shore fladule in the shore, which require 12 weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, I, and F;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of punishment;

A. Defendant A: Imprisonment option

B. Defendant B: Selection of fine

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant B of the provisional payment order: The degree of injury of the victim in the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not less exceptionally, but the Defendants shall be sentenced to suspension of execution and fine in consideration of the degree of responsibility and history of punishment, etc.

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