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(영문) 의정부지방법원 고양지원 2014.06.13 2014고단462
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2013, at around 04:20, the Defendants continued to have a dispute over the victim FF (29 years old) who was seated in the 2nd floor of the building located in Eunpyeong-gu Seoul Metropolitan Government, and the dispute over the 29 years old.

At around 04:42 of the same day, while the Defendants were in dispute with the victim in front of Eunpyeong-gu Seoul, the Defendant A was in line with the face from the victim, and the Defendant A was in harmony with the face of the victim in drinking, and the Defendant A was in walking the victim's body several times due to the appearance, Defendant B was in walking the victim's face at knee price, and Defendant B took the face of the victim in drinking.

계속하여 피고인들은 일행인 H, I과 함께 피해자의 몸을 주먹과 발로 수 회 때렸고, 피고인 A는 바닥에 쓰러져 더 이상 저항하지 못하는 피해자의 얼굴을 발로 강하게 걷어찼다.

As a result, the Defendants, in collaboration with H and I, inflicted injury on the victim, such as an franchis complex franchising, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of J, K, L, and M;

1. The application of each investigation report (related to the submission of a medical certificate for injury) and each investigation report (related to moving pictures) to Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Sentencing sentencing guidelines for sentencing under Article 62-2 of the Criminal Code of the community service order: Violence crime, general injury, Type 1 (General Injury), and imprisonment with prison labor for the basic area from April to June of one year and six, causing serious injury to the victim; Defendant A was connected with serious injury; Defendant A agreed with the victim; Defendant B deposited 6 million won for the victim; Defendants B deposited 6 million won for the victim; Defendants are contrary to the criminal records.

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