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(영문) 수원지방법원 안산지원 2019.08.28 2019고단1580
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by imprisonment for six months, by imprisonment for five months, and by imprisonment for four months, respectively.

Reasons

Punishment of the crime

At around 22:56 on December 16, 2018, the Defendants obstructed the victim E (29 years of age) in drinking alcohol at the main points of the G building at Heung City and “H” located in the third floor of the Defendants’ table, and Defendant A was able to find the victim’s head on three occasions with beer neck, Defendant B was able to take the victim’s face and body part into drinking and drinking out, Defendant C was able to take the victim’s face and body part back, Defendant C was able to take part in drinking, Defendant C was able to take part on the victim’s face part, Defendant D was able to take part in drinking, and Defendant D was harming the victim by taking part in drinking the victim’s face part at approximately eight weeks of treatment.

Summary of Evidence

1. Each legal statement of the Defendants (the defendant C and D are made on the second trial date, respectively)

1. Protocol concerning the interrogation of each police suspect regarding E;

1. Statement of the police statement to I;

1. Written statements of J and K;

1. Each injury diagnosis letter (the sequence 25, 26 of the evidence list);

1. Application of statutes on site photographs;

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment;

1. The reasons for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of liability for compensation is unclear, and thus it is not reasonable to issue an order for compensation) are as follows: Defendant A’s head was found three times in the beer balance, and Defendant A’s act of unilaterally taking the victim’s head into account the rest of the Defendants.

In addition, the victim was aware of the finding and hair to kill the defendants, and was assaulted as shotly.

The injured party suffered serious injury, such as internal brupty, which requires treatment for about 8 weeks as a result of the crime of the Defendants.

In criminal conciliation, the victim's total sum of 100 million won per defendant shall be agreed upon.

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