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(영문) 대구지방법원 2017.04.13 2017고단273

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 3,00,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B On January 13, 2017, the Daegu District Court was sentenced to six months of imprisonment due to insult, etc., and the said judgment became final and conclusive on January 31, 2017.

On August 24, 2016, at around 04:00, the Defendants were in front of the Daegu Suwon-gu D main office located in C, on the ground that the behaviors of the Defendants and the behaviors of the victims E (20 years of age) are changed, Defendant B took the face of the victim by hand, Defendant A took the face of the victim by hand, and Defendant A took the victim by hand, and Defendant A took the victim’s head debt into and took back the victim’s body into and near the victim’s body.

As a result, the Defendants jointly inflicted an injury on the victim, such as a dushe, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Defendant B’s legal statement, inquiry letter, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of the text of the judgment;

1. The Defendants of the relevant criminal facts: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendant A who is selected to be sentenced to imprisonment: Defendant B who is sentenced to a fine;

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A [Scope of Recommendation] No person who does not have a basic area (from April to June) (the person who is subject to special sentencing) (the decision of sentence) (the person who is subject to special sentencing) (the decision of sentence) of the basic area of the Defendant A (the scope of recommendation) (the person who is subject to special sentencing) (the decision of sentence). The decision of sentence is a primary offender, favorable circumstances such as the Defendant’s recognition of the instant crime, the fact that the Defendant was an contingent crime that occurred in the process of mutual vision, and other favorable conditions for sentencing, including the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime,

2. Defendant B. The defendant