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(영문) 창원지방법원 2016.09.23 2016고단1195
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2015, the defendant and C met with the victim F(24 years) who was living together with E while walking the old D building in front of the Gu D building at the Changwon-si around 01:0 on May 3, 2015.

In this case, C took part in the face and body of the victim who was used on the floor by drinking and sprinking the face of the victim several times, and the defendant also taken part in the face and body of the victim who was used on the floor due to drinking and sprinking.

As a result, the defendant and C jointly inflicted injury on the victim by cutting the frame and closing of the inside and floor that require approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of each statement and written injury diagnosis;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances) (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006) is that the victim’s injury is a primary crime; the victim’s injury is a primary crime; the victim’s violation is committed; the victim’s fault was committed; the extent of the defendant’s participation was committed in the crime;

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