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(영문) 춘천지방법원 속초지원 2015.09.02 2015고단217
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above punishments shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendants violated the Punishment of Violences, etc. Act (joint injury) at around 17:40 on November 29, 2014, and around 17:40 on the “E main point” located in Gangwon-gun D, Defendant A expressed a bath to the victim F (the age of 44) without any particular reason while under the influence of alcohol, and made a dispute with the victim.

Accordingly, the Defendants sent a picture, Defendant B took the face of the victim by hand, Defendant A took the face of the victim by hand, and Defendant A took the face of the victim by hand, and Defendant A took the side of the victim’s face, and the victim was unable to know the number of treatment days.

Accordingly, the Defendants jointly inflicted an injury on the victim.

2. The Defendants in violation of the Punishment of Violences, etc. Act (joint assault) were at the same time, place, and on the grounds that the victim G (27 years of age) is satisfing the dispute as set forth in paragraph 1, Defendant B was satisfing the victim’s bat, and Defendant A was at 10 times at the victim’s face with the floor of hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A statement prepared by the F;

1. Application of on-site photographs and Acts and subordinate statutes concerning damaged parts;

1. The Defendants of relevant legal provisions concerning criminal facts: Consideration of each of the crimes under Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of each joint injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of each joint violence), and the choice of each imprisonment (the fact that each of the defendants has many criminal records of the same kind)

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the sole basis of the agreement with the victim, Defendant B

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