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(영문) 서울남부지방법원 2015.04.22 2015고단679
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 25, 2000:10 on June 25, 2007, the Defendant, in collaboration with B and C, and on the ground that the victim D (the age of 40) called the victim D's wife B by phoneing to the wife B, the Defendant and B had several parts of the victim D and the victim F (the age of 39) due to drinking and growth, such as head, face and face of the victim D and the victim F (the age of 39). C had several times when the victim's face, face, head, body body, etc. of approximately 1m of the length of the victim C were taken several times, and the victim F was injured by two parts, etc. requiring approximately 2 weeks of medical treatment, and the victim F was in need of approximately 4 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning partial examination of suspect C by the prosecution;

1. Investigation report (public offense B and C judgment);

1. Statement of each police station;

1. Each injury diagnosis letter;

1. Bodily damaged photographs;

1. Application of statutes on field photographs;

1. Articles 2 (2) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

1. Where the grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are Type 1 (Scope of Recommendation) and the mitigated area (2-1 (2-1) (including serious efforts to recover damage), the mitigated area (2-2) of the crime [the scope of Recommendation] (2-1) of the mitigated area (2-1) of the mitigated area (2-1) of the general injury (2-2) of the Act on the Suspension of Execution, or considerable damage has been recovered from damage, the final sentencing scope according to the aggravated punishment of the multiple crimes: 2-1 year and six (2-16) of the Act on the Suspension of Execution; and 3-2 of the Act on the Suspension of Execution of Sentence 1 of the Act on the Punishment of Specific Crimes.

The victims do not want the punishment of the defendant under the agreement between the defendant and the defendant.

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