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(영문) 창원지방법원 2016.11.17 2016고단3365
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 23:40 on May 19, 2016, the Defendant expressed the victim’s face in the first floor of the Fagro 12-hon building in Changwon-si, Changwon-si, 10, and on the ground that the victim B (the 54-year-old age) and the victim with the eye are able to see “Is to see so, Is the victim’s face.”

The defendant continued to see the face of the victim in front of the above building because the victim was dynafed and re-entered on the road, and the victim's face is taken several times, the victim's face and face were taken several times, and the defendant's fyke C, who is his driver, was fying off the victim with his hand, and fying the victim into the upper part of the victim's body.

As a result, the defendant jointly with C, brought a two-day medical treatment to the victim, which is in need of approximately seven days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against B, D, and C;

1. Statement to E by the police;

1. Each report, each internal investigation report, and each investigation report;

1. Application of the Acts and subordinate statutes to attach each photographic material and written diagnosis;

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommendation] general injury (the scope of general injury) is mitigated (the person who has been specially mitigated), who has not been punished (including serious efforts to recover damage), or who has been recovered from considerable damage (the decision of sentence] and the defendant committed the instant crime even though he/she has a record of criminal punishment more than 20 times only as violent crime. However, it is necessary to strictly punish the victim in light of the fact that he/she committed the instant crime. However, considering the fact that the victim agreed with the victim, and that he/she is expected not to repeat the crime in the future as he/she divided the errors, the community service order is subject to social service.

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