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(영문) 제주지방법원 2012.12.20 2012고단1237

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A and B shall be punished by imprisonment with prison labor for four months, and by imprisonment with prison labor for six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A and B around 00:30 on August 30, 2012, at the main point of “E” located in Jeju Island D, the victim F (39 years of age) who drinked on the side table, while drinking and drinking alcohol by the Defendants, caused the loss of the glass residues, etc. on the table of the breabb, so that they can avoid disturbance and go back to the bottom, and caused the victim to go back from the outside, and carried out physical fighting with the victim.

이 때, 피고인 A, B의 같은 동네 사람인 피고인 C은 그 앞을 지나가다가 몸싸움을 하는 것을 보고 이를 말리던 중 화가 나 손으로 피해자의 머리채를 붙잡고 누르자, 피고인 B는 주먹으로 피해자의 옆구리를 3회 정도 때리고, 피고인 A은 왼발로 피해자의 옆구리를 1회 걷어차고 주먹으로 머리를 1회 때리고, 피고인 C은 손으로 피해자를 바닥에 넘어뜨린 후 무릎으로 피해자의 배를 누르고 주먹으로 얼굴을 1회 때리고 발로 얼굴을 1회 걷어찼다.

As a result, the Defendants jointly inflicted injury on the victim, such as a closed brupt and upper brush, which require approximately six weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement;

1. Application of Acts and subordinate statutes to on-site photographs, damaged photographs, and written diagnosis;

1. The Defendants: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of criminal punishment

1. The Defendants subject to suspended execution: Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1)); Article 62(1) of the said Act (Article 62(1) of the said Act (Article 62 of the said Act provides that the Defendants confession the instant crime and reflect their depth; Article 8(1) of the said Act

1. Defendants of the community service order: Article 62-2 of the Criminal Act