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(영문) 수원지방법원 평택지원 2020.03.13 2020고단70
폭력행위등처벌에관한법률위반(공동상해)
Text

[Defendant A] The defendant A shall be punished by imprisonment for eight months.

However, this judgment has become final and conclusive against Defendant A.

Reasons

Punishment of the crime

On September 23, 2019, at around 21:05, the Defendants followed the victim E (E, South and 42 years of age) who was put to a trial at the above main point in Pyeongtaek-si, and brought about a dispute with the victim E (E, South and 42 years of age). Defendant B had the body of the victim one time by both descendants, Defendant B had the victim's hand one time, and Defendant A had the victim's face one time by drinking to his left hand.

As a result, the Defendants jointly carried out the 42-day medical treatment to the victims, focusing on the non-influence of the two main points, which require treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. Application of fieldCCTV image CD-related Acts and subordinate statutes;

1. Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) and Article 30 of the Criminal Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 2(2)3 of the Punishment of Violences, etc. Act, and Articles 257(1) and 30 of the Criminal Act (the above defendant and the defendant jointly with the defendant cannot be deemed to have inflicted an injury on the victim), so it is unreasonable to hold the victim liable for the result of the injury. The defendant's daily act of the defendant proved that the victim attached with the victim A was at the time of the victim's heading with the victim's heading, the victim's face her heading, the victim's heading with the defendant Eul, and the defendant A was at the time of the victim's heading with the victim's face her heading, and immediately thereafter, the defendant A used the victim on the floor. As such, the above defendants' act of functional control with the intent of joint processing, thereby establishing joint principal offenders under Article 30 of the Criminal Act.

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, which is suspended (Defendant A);

1. Defendant A

(a) The scope of applicable sentences in law;

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