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(영문) 서울북부지방법원 2015.07.08 2015고단1359
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 25, 2014, at around 04:55, the Defendants, on the ground that the victim E (the 18-year-old) in the second floor of the hallway of the D Building in Madoubuk-gu D Building would speak against the Defendants, and the Defendant A, on the one hand, took the victim’s face and body over the floor to see the victim’s face at one time by drinking, and took the victim’s face and body over the floor, and Defendant B assaulted the victim’s face several times by combining it.

As a result, the Defendants jointly put about approximately eight weeks of treatment to the victims, such as the closed bones, bones, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of injured parts;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Scope of applicable sentences under Acts: one month to ten years; and

2. Application of the sentencing criteria (by October 1, 2014);

(a) Where Defendant A (a person subject to special mitigation) has been punished (including a serious effort to recover damage) or has recovered from considerable part of damage in the mitigated area (2-1 year) of category 1 (general injury) (2-1 year) of general injury;

B. Defendant B [Scope of Recommendation] General Injury Nos. 1 (Bodi Injury) and No. 1 (No. 4-1 and 6) basic area (special person)

3. The extent of the victim's injury caused by the Defendants' criminal act was serious. However, the Defendant A compensates for the damage and agreed with the victim, Defendant B did not have much degree of participation compared to Defendant A, the Defendants led to confession and reflect, Defendant A did not have any specific criminal record other than a fine, and Defendant B did not have any record of criminal punishment, and all the records of the instant case are shown in the background, form, circumstances after the instant crime, the Defendants' age, character and conduct, environment, etc.

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