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(영문) 울산지방법원 2016.12.20 2016고단3416

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 19, 2016, around 01:15, the Defendants attached the victim and the victim L ( South and 40 years of age) to Defendant B, on the ground that the “Kart” located in the Ulsan-gunJ of Ulsan-gun, Ulsan-gun, and that the victim took a bath to Defendant B.

Defendant

B는 주먹으로 피해자의 얼굴 부위를 수회 때리고 바닥에 쓰러진 피해자를 발로 수회 밟았으며, 피고인 A은 이에 가세하여 발로 피해자를 수회 걷어찼다.

As a result, the Defendants jointly suffered injury, such as the removal of internal walls, which require treatment for about 28 days, from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution (including substitute part)

1. Each police suspect interrogation protocol concerning L;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes No. 3 of the victim's photograph (Evidence List 3);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (the defendants) of the suspended execution;

1. Recommendation type of the sentencing criteria;

(a) Type A (Determination of Punishment) (General Bodily Inflicting) (Bodily Inflicting) (General Bodily Inflicting) Punishment, Non-A [Scope of Recommendation] Imprisonment from 2 months to 1 year (General Convicts): Where two or more persons jointly commit a crime (whether to suspend the execution of sentence) (whether to suspend the execution of sentence ] There is no reason for comprehensive comparison and evaluation - There is no reason for negative reference : There is no reason for positive reference - There is no reason for no punishment non-regular general reference - there is no reason for positive general reference : there is no reason for contingent crime : there is no positive reason

B. Defendant B [Determination of Penalty] Type 1 (General Bodily Injury), which is not subject to punishment (the scope of recommendation), shall be sentenced to imprisonment for 2 months to 1 year (general sentencing factors): where two or more persons jointly commit a crime (whether to suspend the execution of sentence) and the reasons for suspension of execution are comprehensively compared and assessed - There are no reasons for negative reference: