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(영문) 대구지방법원 2019.09.26 2019고단3565

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to six months of imprisonment with prison labor for an injury at the Daegu District Court on April 12, 2019 and two years of suspended execution, which became final and conclusive on April 20, 2019, and is currently under suspended execution.

【Criminal Facts】

Defendants and victims C(20 years of age) are relatives, and victims D(20 years of age), victims E(20 years of age) and victims F(21 years of age) are relatives.

1. On December 19, 2018, the Defendants co-principal (violation of the Punishment of Violences, etc. Act (joint violence) committed a crime committed by the Defendants at around 03:55 on December 19, 2018, at around the toilets of H clubs located in Daegu-gu, Daegu-gu, the victim D said that the Defendants would turn on to the rest of the Defendants who were going in the toilet and the front, and that they would be pushed off by the Defendants. However, the Defendant B was able to look back at the victim’s face by drinking and drinking, and the Defendant A was able to take part in the victim’s face by drinking. Accordingly, the security personnel of the said club did not go to the Defendants and the victim out of the club, and Defendant B was able to take part in the victim’s face again from the front of the club to the victim’s face, and Defendant B was able to take part in the victim’s face.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A

가. 특수상해 피고인은 위 1.항과 같은 일시경 위 1.항의 H 클럽 안에서, D을 때린 일로 위 클럽의 보안요원들이 피고인을 클럽 밖으로 내보내려고 할 때 그곳에 있던 위험한 물건인 유리로 된 양주병(길이 약 30cm)을 손에 들고 D을 향해 내리치려고 하던 중 이를 말리는 피해자 C의 손을 때려 위 양주병이 깨지게 함으로써 피해자의 왼손 엄지손가락이 약 6바늘을 꿰멜 정도로 찢어지게 함으로써, 피해자에게 치료일수를 알 수 없는 왼손 엄지손가락의 열상을 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

B. The Defendant was injured.