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(영문) 창원지방법원 2014.05.28 2014고단412
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 20, 2014, at around 01:20, the Defendants viewed the victim D (18 years of age) to string in front of the horse in Kim Jong-si, Kim Jong-si, on the ground that the victim D (18 years of age) flocks. Defendant A sent back the face of the victim and the victim E (28 years of age) to drinking and sprink, and attempted to take a pipe in the neighboring park and to get the victims. Defendant B, in combination with the above, she told Defendant B that “in and flick flick flick flick flbl.” The victim’s face was taken from drinking and flick.

As a result, the defendants jointly put the victims of the 21-day medical treatment into a non-alley, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements concerning the Defendants in the police interrogation protocol

1. A protocol concerning the examination of each police suspect with respect to E or D;

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

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act, the choice of imprisonment with labor

1. From the perspective of the fact that the defendants on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes committed the crime of this case led to an injury to the victims, such as a ductal injury, etc., and the victims want to punish the defendants, it is deemed that the defendants should be sentenced to a sentence.

In addition, in consideration of all the elements of sentencing, such as the criminal records of the Defendants and the details of the Defendants’ crimes, the punishment against the Defendants shall be determined.

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