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(영문) 대구지방법원 2014.08.29 2014고단3294

폭행

Text

Defendant

B and C shall be punished by imprisonment for a year and six months.

However, for two years from the date this judgment became final and conclusive, Defendant B and C shall be subject to each of the two years.

Reasons

Punishment of the crime

1. On May 31, 2014, at the F restaurant located in Yongcheon-si E around 06:55, Defendant B brought the victim’s head by putting the victim’s head on one time, which is a dangerous object on the table, and putting the victim’s head on another main, which is a dangerous object on the table, and putting the victim’s head on one time again. The Defendant 2 saw the victim’s head on one occasion by putting the victim’s hand on two occasions at the victim’s knives, which is a dangerous object in the vicinity, and putting the victim’s head on one time.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral rupture, which requires medical treatment for about two weeks.

2. At around 06:57 on May 31, 2014, Defendant C: (a) reported the head of “F” restaurant located in Yongcheon-si E; (b) reported the head of the Defendant’s first-class Party A (the age of 22) facing the victim’s B (the age of 22); and (c) reported the head of the victim’s head one time to the victim’s disease; and (d) sold the head of the victim’s head to 2-3 times by drinking.

As a result, the Defendant got two weeks of medical treatment to the victim, including the two-time care for the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police statement concerning C and G;

1. A medical certificate of injury and a medical certificate;

1. Application of statutes on the on-site photographs, victims' photographs, and CCTV screen pictures;

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

1. Defendant B and C: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B and C: The reason for the sentencing of Article 62(1) of the Criminal Act (the scope of recommendations) (Article 62(1)(Article 62(1)(Article 62(2)(Article 6 of the Criminal Act) (Article 62(1))(Article 6 of the Criminal Act)(Article 62(1)(Article 62(1)(Article 62(2)(Article 6