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(영문) 대전지방법원 2015.07.16 2014고단4402
폭행
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A and B are inter-speed, and F and Defendant C are inter-gu.

On December 2, 2014, at around 06:40, the Defendants were able to take a bath on the grounds that they changed one another in front of the H main points in Seo-gu Daejeon, Seo-gu, Daejeon.

1. Defendant A is punished as above.

C. The face of the victim F(34 years of age) was assaulted in drinking times.

2. Defendant B, at the above date and place, told the victim C (the aged 34) who had been in his neighborhood after gathering the f's head by gathering the f's disease and leaving the scene, told the victim C (the aged 34) that he was "I have reached the police," and put the victim's face at a bar one time, which requires treatment for about 28 days by drinking the victim's face.

Summary of Evidence

1. Defendants and F’ respective legal statements (the part of Defendant A’s legal statements)

1. Each police suspect interrogation protocol against Defendant C and F

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (No. 8 of the evidence list);

1. Relevant Article of the Criminal Act and Article 260 (1) (Selection of Imprisonment) of the Criminal Act: Article 357 (1) of the Criminal Act;

1. Defendant AB: Article 62 (1) of the Criminal Act;

1. Defendant B of the community service order: Article 62-2 of the Criminal Act (a) asserts that his act constitutes self-defense; however, considering the course and situation of the crime of this case, method of commission of the crime, degree of damage, etc., the above assertion cannot be seen as constituting self-defense, and thus, the above assertion is not accepted). The reason for sentencing is as follows: (a) Defendant A’s fine of this case (2012) and the degree of violence is relatively minor; (b) Defendant A did not recover damage; (c) Defendant also was injured by F; (d) the motive and circumstance leading to the crime; (d) Defendant B’s motive and circumstance leading up to the crime; and (e) Defendant B’s age and the environment leading to the crime; and (e) the recovery of damage was not possible.

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