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(영문) 수원지방법원평택지원 2020.11.13 2020고단1414
폭력행위등처벌에관한법률위반(공동상해)
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, around June 7, 2020, on the grounds that the victims D (mai and 19 years old) reached their command in the vicinity of Pyeongtaek-si Dok-ro 140-gil 264, and the Busan Cultural Park, on the grounds that the victims D (mai and 19 years old) reached their command, and the Defendant A, who was led the victim to the direction of a mountain village, voluntarily withdraw the same action to make the victim up for his arms and her arms.

In other words, after creating the head of the victim's hair, the face of the victim can be taken over by the next hand when making the head of the victim's hair, the defendant B took the face of the victim by hand, the defendant B took the face of the victim by second hand, and the defendant C took the face of the victim by the second hand, and then the defendant C took the eye of the victim by drinking the victim, and the defendant A assaulted the victim by using the method of putting the head of the victim's hair and towing the victim's face below the scambling and moving the victim's head, and caused the victim's injury to the left part by using the method of taking the head of the victim's hair and moving the scambling part into the victim's face.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts;

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 2 (2) 1 of the Criminal Act and Article 257 (1) of the Criminal Act (the defendant A shall be punished by imprisonment, the defendant B, and the defendant C shall

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant B and C);

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

1. Probation (Defendant A) Article 62-2 of the Criminal Act;

1. The Defendants, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B and C), committed an injury by unilaterally saving a victim who could not resist by moving the victim into a mountain, and unilaterally saving the victim from a new wall, and the nature of such offense is bad.

In particular, Defendant A led the crime and suspended indictment for the same crime several times.

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