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(영문) 의정부지방법원 2017.06.22 2016고합424
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 04:30 on 09.03. 04: 04:30, the Defendants were drinking together with the trade name “H” operated by the victim G (36:) on the one hand at the Gyeyang-gu F and the first underground floor, and Defendant A was drinking out of the victim’s face on her hand without any particular reason, when the victim and the Defendant’s friendship I want to sell. Defendant A her head at one time without any specific reason. Defendant A her head head at one time. Defendant B her head at one time and went out of the victim’s face on her face on her own ground that the victim resisted her head and her head her head. Defendant B her face at one time after drinking the victim’s face. Defendant B her face at one time after drinking the victim’s face. Defendant B her her face at one time after drinking the victim’s face.

As a result, the Defendants jointly inflicted injury on the victim, such as the removal of the bones, which requires approximately five weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of a witness G, I and J;

1. Each report on investigation;

1. Two copies of a medical certificate and a copy of a medical record;

1. A receipt for the value of alcoholic beverage;

1. Application of the Acts and subordinate statutes to photographs of the victim's face, standing photographs, field photographs, field forest photographs, CCTV screen pictures and caps;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense; and Article 25 of the same Act concerning the selection of a punishment (the choice of imprisonment with prison labor);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following grounds for sentencing) of the suspended sentence;

1. Scope of applicable sentences under law: From January to June 10 each imprisonment;

2. Application of the sentencing criteria;

A. Defendant A [the scope of recommended punishment] General Injury (the scope of recommended punishment) and the mitigation area (two months to one year) (the person who has been specially mitigated) is not subject to punishment

B. Defendant B [the scope of recommended punishment] General Involving Type 1 (General Injury) (from April to one year).

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