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(영문) 의정부지방법원 2013.08.13 2013고단1911
폭력행위등처벌에관한법률위반(공동상해)
Text

1. Defendant A’s imprisonment for six months, Defendant B’s fine of two million won, Defendant C’s fine of two million won, and Defendant D.

Reasons

Punishment of the crime

At around 05:20 on January 20, 2013, Defendants were jointly misunderstanding that the victim H (30 years of age) and I expressed their desire to divide the conversations between G-ro F on the front side of G-si 05:20 on January 20, 2013. Defendant D took the victim’s face at a time of drinking, Defendant A took the victim’s face at a time of drinking, Defendant C took the victim’s face at a time of drinking, Defendant C took the victim’s face over her arms, and Defendant C took the victim’s face over her arm’s length, Defendant B took the victim’s face, and the Defendants sustained the victim by taking the victim’s face for about five weeks of medical treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to H, I, and J;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to each investigation report (a summary of J phone call, and a summary of I telephone recording);

1. Article 2(2) and (1)3 of the Act on the Punishment of Violences, etc. against Criminal Facts and Article 2(1)3 of the Criminal Act (the choice of imprisonment with prison labor for Defendant A and Defendant D and the choice of fines for Defendant B and Defendant C)

1. Articles 70 and 69(2) of the Criminal Act (Defendant B and Defendant C) at the workhouse;

1. Suspension of execution (the conditions in favor of the defendants A and D) Article 62 (1) of the Criminal Act (the conditions in favor of the reasons for sentencing below);

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order (Defendant A and Defendant D) Act, Article 59 of the Act on Probation, etc. are divided into their depths, and the victim does not want the punishment of the Defendants by mutual consent with the victim and the victim. Defendant B and Defendant C were first offenders, including the following: their age, environment, background of the crime, circumstances after the crime, degree of damage, etc., were determined by taking into account various circumstances revealed in the arguments and records.

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