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(영문) 광주지방법원 목포지원 2016.10.07 2016고단440
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A 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 becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around 02:30 on July 5, 2015, at the “F” club located in the D District E in Sinpo City, at a time, Defendant A and the victim G faced with shoulder, and Defendant A got face of the victim one time by head, and 2-3 times from the face of the victim.

As a result, Defendant A suffered injury to the victim during the eight weeks period of treatment, such as the “alley of internal walls” and the “alley of ducts”.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment for the crime: Article 257 (1) of the Criminal Act;

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

1. Probation and community service order Defendant A: Reasons for the sentencing of Article 62-2 of the Criminal Act [Determination of Punishment] - Types 1 (General Bodily Influence) (Special Bodily Influences): The general injury element of mitigation of damage: efforts [Determination of the recommended area] the mitigation area of mitigation area / [the scope of recommendation area] / 2 months to 1 year [the general person] mitigation area / 1 year from 2 months to 3 years [the general person] mitigation element : there is no serious reflect or criminal punishment / there is no record of suspension of execution / there is no positive reason for major reference / there is no record of criminal punishment : there is no positive effort for restoration of damage - The positive effort for general participation reason - The social relation clear, contingent crime, serious reflect

1. On July 5, 2015, the Defendants charged with this part of the facts charged at a “F club” located in Sinpo-si D on July 5, 2015, where Defendant A and the victim G face with a shoulder, and Defendant A received the victim’s face one time by head and 2-3 times in drinking, and Defendant B pushed the victim’s face one time by hand.

As a result, the Defendants jointly inflicted injury on the victim, 8 weeks of the number of days of treatment, i.e., “a frame of internal walls” and “a frame of non-alleys.”

2. Defendants and their defense counsel’s assertion

A. Defendant B: Although he himself was closely involved in the chest part of G, this is the fact.

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