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(영문) 대전지방법원 논산지원 2018.05.01 2017고단757
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are friendly between D and E, and between victim F(36) and not knowledge.

The Defendants, together with D and E on July 2, 2017, were sitting in the table table before the convenience point of “H” located in Seosan City, G on July 2, 2017. When Defendant A smoking tobacco, the injured party, who immediately was drinking in the table table, was not the student of the Defendants;

Here, whether tobacco is smoking or not.

” 고 훈계를 하자, 피고인들이 피해자에게 반항적인 태도로 대화를 하며 피해자에게 다가갔고, 이에 위협을 느낀 피해 자가 방어하기 위하여 손으로 피고인 A의 얼굴을 밀듯이 갖다대자마자 피고인 A이 주먹으로 피해자의 얼굴을 때리고, 피해자가 넘어지자 피고인들과 D, E는 피해자의 안면 부를 수차례 때리고, 수십 회 가량 발로 찼다.

As a result, the Defendants, in collaboration with D and E, suffered bodily injury, such as inside the right side of the victim for about six weeks in need of medical treatment, aggregate, and aggregate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Photographs;

1. Application of medical certificates (I hospital-related Acts and subordinate statutes);

1. Relevant Article 2 (2) 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, etc.

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

1. Defendants of the community service order: The Defendants were juveniles of the reason for sentencing under Article 62-2 of the Criminal Act, and the victims did not want the punishment of the Defendants.

However, it is doubtful whether the victim's injury is severe, and the defendant B confessions a crime in this court, but in light of the attitude taken by the investigative agency and the attitude taken by this court, it is doubtful whether it is against the truth.

In addition, the sentence shall be determined as per the disposition by comprehensively taking into account the various circumstances in which the sentencing as shown in the records and arguments in the instant case.

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