beta
(영문) 인천지방법원 2017.11.10 2017고단5021

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A A The fines of KRW 500,000, the fines of KRW 4,000,00, the fines of KRW 1,500,000, and the fines of KRW 1,50,00, respectively, shall be imposed on Defendant B.

Reasons

Punishment of the crime

[criminal history] Defendant B was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a crime of violating road traffic law at the Incheon District Court on August 30, 2017, and the judgment became final and conclusive on September 7, 2017.

[Criminal facts] Defendant A and Defendant B are married.

1. On May 24, 2017, the Defendants violated the Punishment of Violences, etc. (Joint Injury) by Defendant A and Defendant B operated a vehicle on the street in front of “G” located in the Namdong-gu, Incheon Metropolitan City, at around 21:00 on May 24, 2017, in order to block the front of the victim C (37 years) in front of the victim C (37 years of age) and sound the border therefor. While the dispute occurred, Defendant A her body and face were tight back from his vehicle, and Defendant B her face was tightly pushed back, and her body and face was pushed up.

As a result, the Defendants jointly inflicted injury on the victim, resulting in the victim's injury, such as cerebral rheat, which does not have any wound in two open fields where treatment for about 14 days is needed.

2. The Defendant, at the time, at a place specified in paragraph 1, was subject to the same assault as that specified in paragraph 1, and against this, Defendant C spited spite on several occasions on the face of the victim A (influent, 42 years of age), cut down a bridge, cut down the body of the victim B(47 years of age) who was on the side.

As a result, the defendant, upon considering the victims, committed the victim A with approximately 14 days of medical treatment, and the victim B with the right-hand kneises, etc. requiring medical treatment for about 28 days, respectively.

Summary of Evidence

1. Defendants’ respective legal statements (as to Defendant C, at the second trial date)

1. Each protocol concerning the examination of suspect by the police against the Defendants (including the examination of replaced nature);

1. A report on internal investigation and a report on investigation (a certificate of injury diagnosis and a black stuff image);

1. Previous convictions in judgment: Application of investigation reports (whether ex post facto concurrence exists) and Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A and B: Article 2(2) of the Punishment of Violences, etc. Act.