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(영문) 창원지방법원 2017.11.15 2017고단2570
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

1. A shall be punished by a fine of five million won;

If the defendant fails to pay the above fine, money is made.

Reasons

Punishment of the crime

[Criminal Records] Defendant

1. A case: The defendant who completed the execution of the sentence of the Jinju prison on November 20, 2015, where one year and two months have passed since the Busan High Court was sentenced to imprisonment or injury on April 10, 2015:

2. B case: The judgment that was rendered on January 7, 2015 by the Busan District Court on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (mediation, etc.): Imprisonment with labor for a period of ten months/ suspended execution of two years: Defendant on January 15, 2015;

3. C case: Violation of the Punishment of Violences, etc. Act (joint assault): Imprisonment with prison labor for a period of two years and six months: On November 13, 2015, the termination of the execution of the sentence of the Jinju prison on November 13, 2015 / [criminal facts] Defendant A is deemed to be bad for Defendant A to the surrounding areas of the victim F (28 years old) of the Gu E in Chang-si, Chang-si on February 11, 2016, who was a victim of his/her teaching service at around 00:30 on February 11, 2016;

On the ground that he stated that he did not enter the Defendant B and C, who was known to his usual place of residence, and demanded that the victim be subject to death.

Defendant

B The body of the victim is cut in the form of suppression so that the body of the victim can be cut off and walked several times due to the outbreak of the victim, the defendant C her click at one time, and the defendant A her head is walking the victim's head at several times due to the outbreak and the head of the victim's head is cut down.

As a result, the Defendants jointly put up the left-hand elbow bow straws, etc. to the victim, which requires treatment for about 14 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Defendant who has chosen punishment;

1. A,

3. C: Defendant of a fine;

2. B: Imprisonment;

1. Article 62 (1) and Article 62-2 (1) of the Criminal Act concerning suspension of execution and protection, observation of orders to attend lectures, and Article 62-2 (1) of the Criminal Act;

1. Sentencing Articles 70(1) and 69(2) of the Criminal Act, Article 334 of the Criminal Procedure Act, the detention in a workhouse, or the provisional payment order, is due;

1. Defendant A (Displacement of sentencing criteria: Fine)

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