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(영문) 대구지방법원 서부지원 2014.09.04 2014고단666
폭력행위등처벌에관한법률위반(공동상해)
Text

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

except that 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

The Defendant is a third-party relationship between B and C, and the victim D (26 years of age) and the victim E (26 years of age) are relatives.

At around 01:45 on December 14, 2013, the Defendant, along with the above B and the above C, had been suffering from the victims who had been drinking in the other side due to the attendance of female employees, and had been drinking in the other side due to the attendance of female employees, and the victim D had been able to blickly bread while taking a bath to the Defendant.

The defendant, by hand, flabbling the victim D's flab, spathed the victim D's face, flabed the victim D's face, and flabed the defendant E's face.

이에 가담하여 위 C은 피해자 D의 뒤에서 피해자 D의 팔을 끌어안아 피해자 D을 바닥에 넘어뜨리고, 위 B은 바닥에 누워있던 피해자 E의 얼굴을 발로 찼다.

As a result, the defendant jointly with the above B and the above C, caused the victim D to suffer approximately 42 days of treatment, such as inside a ductal and ductals, and the victim E to undergo approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act, Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (The fact that the defendant has deposited five million won for the victim, taking into account the circumstances such as the background of the occurrence of the case);

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