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(영문) 의정부지방법원 고양지원 2014.06.19 2014고단446
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 16, 2014, around 17:00, the Defendants took part in the “E company” parking lot located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, on the ground that the victim F (the age of 51) who works for the same workplace was overtaking the Defendant’s vehicle, Defendant A took part in the trial on the face of the victim by drinking, Defendant B took part in the body of the victim, and Defendant B took part in the victim’s face and body that the victim took part in several times with the victim’s face.

As a result, the Defendants jointly set up a frame of internal walls that require approximately eight weeks of treatment to the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of police statement related to G and H;

1. A written statement;

1. Investigation report (F's photographs of damaged parts);

1. A report on investigation (on-site photographs);

1. Application of Acts and subordinate statutes to report internal investigation (the submission of a written diagnosis of injury to the F)

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

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (including circumstances favorable to the Defendants among the grounds for the suspended sentence);

1. The Defendants of the community service order: Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. provide that the Defendants jointly inflict serious injury on the victims, and the nature of the crime is inferior, the victims are trying to punish the Defendants. However, the Defendants led to the confession of the crime of this case and are against the period of detention, and the Defendants deposited 5 million won each for the victims, Defendant A also deposited 5 million won each for the victims, Defendant A suffered the injury of the victims of the assault, Defendant A did not have any history of punishment exceeding fines (two times). Defendant B did not have the same criminal record, and Defendant B did not have any other criminal record. The Defendants’ age, character and conduct, environment, motive, means, and results of the crime.

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