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(영문) 수원지방법원 안산지원 2015.06.03 2015고단536
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for four 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

[Criminal Power] The Defendant was sentenced to a fine of KRW 700,00 on July 6, 2012, and was sentenced to a fine of KRW 700,00 in violation of the Punishment of Violences, etc. Act (joint injury) in the Suwon District Court’s Ansan Branch on July 6, 2012.

【Criminal Facts】

B (Suspension of Indictment on the same day) discovered the appearance of the victim E (n'e, 44 years old) while drinking together D at the house of his male-friendly arrest D located in Ansan-si, Masan-si on 01:40 on 15. 01. 01. 01. 01. 01. Masan-si, a member-gu, his own male-friendly arrest D, and tried to talk with the victim by stating that "n't she has any fl't for drinking."

The Defendant received contact from the above B, and arrived at the said D’s house, and reported that the said B and the victim were in dispute, and walked one time to walk the right head of the victim’s right right due to the occurrence of the collision, and even the above B also 112 report the victim’s face and shouldered four times.

As a result, the defendant and the above B jointly put about approximately two weeks of medical treatment to the victim, such as an inner sacrificing, etc.

Summary of Evidence

1. The statement of E in the police interrogation protocol of the accused;

1. Statement of each police statement of E and D;

1. A written diagnosis of injury;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

1. Article 62(1) of the Criminal Act (The favorable circumstances examined in the following sentencing grounds):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the range of recommending punishment] general injury (the range of recommending punishment] Article 62-2 of the Social Service Order Act: Type 1 (General Bodily Injury) (1-1 year), minor injury (1-4 year), and where victims are also responsible for the occurrence of crimes or the expansion of damage, the range of sentence compared to the applicable sentences and the recommended sentences: one month to one year (the decision of sentencing) and two years of suspended sentence.

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