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(영문) 의정부지방법원 고양지원 2016.10.14 2016고단1005
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above two years from the date this judgment became final and conclusive is against the Defendants.

Reasons

Punishment of the crime

On October 11, 2015, the Defendants: (a) around 01:10 on the so-called Magyang-gu, Goyang-gu; (b) on the ground that Defendant B was pro-gu in the front of Goyang-gu; (c) on the ground that Defendant B was pro-Japanese, she was probed by the victim G (18 years of age); (d) Defendant B was sealed by the victim G (18 years of age); and (e) Defendant B was tightly pushed the victim F’s shoulder when the victim F was kne and kneeed, the victim F was able to receive approximately one month’s face; and (e) Defendant B took part in the victim G’s face for about two months, and caused the victim G to suffer injury, such as the removal of the bones bones, which requires medical treatment for about one month and the removal of the inside wall.

Accordingly, the Defendants jointly inflicted an injury on the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol concerning F and G;

1. A medical certificate of injury and a medical certificate;

1. Application of Acts and subordinate statutes on photograph of violence damage;

1. Relevant Article 2(2) and (1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act; the choice of imprisonment

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The reasons for sentencing Article 62-2 of the Criminal Act, the Defendants, without any particular reason, inflicted injury upon the victims.

The degree of injury of this case is significant.

The victims want to punish the Defendants for severe punishment.

The defendants appear to be the initial crime and reflective form, the defendant A deposited 3 million won for the victim F, and the defendant B deposited 6 million won for the victim G in favor of the defendants.

The defendants' age, character and conduct, environment, occupation and career, academic background, family relationship, motive and circumstance of crime, contents of crime, and crime.

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