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(영문) 춘천지방법원 2018.10.11 2018고단404
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

Punishment of the crime

At around 00:10 on January 3, 2018, the Defendant and B, at the main point of “D” located in Chuncheon City, around 00:10 on the ground that the victim was under drinking alcohol with the victim E ( South Korea, 38 years of age), and the victim’s face is time to be taken back by hand and drinking, and the victim’s face was turned back to “G” H in the same city F, on the ground that the victim was under drinking again, and the victim was under drinking again, and the victim was under drinking again, and the victim’s body was able to walk at several times, resulting in the victim’s injury, such as the mouth of internal walls and internal walls, in which the number of days of treatment cannot be known to the victim.

Accordingly, the defendant, together with B, injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of the police against the accused, B, or E;

1. Application of Acts and subordinate statutes to photographs and diagnostic documents related to the assault case;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. The reason for imposing selective sentence of imprisonment with prison labor seems to be the defendant's attitude that the defendant recognized his/her criminal act, and the fact that the defendant has no record of criminal punishment heavier than imprisonment with prison labor due to the same kind of crime is favorable to the defendant.

However, the Defendant and B's assault seems to have suffered a relatively serious injury due to the implementation of internal and lower-water surgery under the general anesthesia, etc. However, even though it appears that the victim would have harmed the recovery of damage or not agreed to do so, etc. are the circumstances unfavorable to the Defendant.

In addition, the sentencing range based on the sentencing guidelines (from April to June), the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and all the circumstances that form the conditions for the sentencing specified in the argument of this case, such as the circumstances after the crime, shall be determined as follows.

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