(영문) 수원지방법원 2017.03.29 2016고단7775

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(영문) 수원지방법원 2017.03.29 2016고단7775

폭력행위등처벌에관한법률위반(공동상해)

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on July 30, 2016, the Defendant and B had the face and body of the victim who had the face of the Defendant who had the victim E(41) taken the part in drinking and drinking, and had the victim taken the part in drinking and drinking, and had the victim taken the face and body of the victim who had the victim taken the part in drinking and drinking. B took part in drinking and drinking.

As a result, the Defendant, in collaboration with B, inflicted injury on the victim, such as a dushe, requiring approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of each police officer in relation to E and B;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes of Chapter 1 of the CDA to the victim's photograph, ctv course photograph, each diagnosis document, CD

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (elective of imprisonment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Injury (general injury) in the basic area (from April to one year and six months) (no person in special sentencing)

2. In light of the fact that the Defendant, who was sentenced to punishment for a criminal record of violence, did not reach an agreement with the victim, the confession of the crime of this case and the fact that the Defendant is against the victim, and other circumstances of this case (a oppose the victim to the assault, the Defendant inflicted an injury upon the victim), degree of damage, and result, etc.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

-형법 제62조 제1항

-형법 제257조 제1항

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