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(영문) 의정부지방법원 고양지원 2020.01.22 2019고단3247
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

However, from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

At around 01:10 on October 25, 2019, the Defendants: (a) in front of the first floor of Goyang-dong Office Ctel 1, Goyang-gu, Goyang-si; (b) on the ground that the Defendants: (c) the victim E (the 40-year-old) demanded the Defendants to calculate the price of goods at the convenience store next to the above officetel and the convenience store employees whose name cannot be identified because they failed to calculate the price of goods; and (d) the victim E demanded the Defendants to calculate the price of goods at the convenience store next to the above officetel; and (e) the Defendant B took the victim’s face over the floor by pushing the victim’s trees and cutting it over the floor on both drinkings; and (e) the Defendant A took part in it several times and inflicted injury on the victim, such as the care of head and the escape of the human body for about three weeks.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. Reporting on investigation ( listening to statements by a proxy) and reporting on investigation ( listening to statements by a blind person);

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

1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively.

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years and six months;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation and recommendation] shall be the basic area (the scope of recommendation area and recommendation range], four months to one year and six months.

3. The Defendants shown the attitude of reflecting the Defendants’ erroneous determination of sentence.

The victim’s act of committing the instant crime was committed in a manner that the victim would be bad to the Defendants, and the victim is also responsible for committing the instant crime.

Defendant

A is accompanied by violence, such as injury, damage to property, etc.

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