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(영문) 창원지방법원 2017.02.01 2016고단4278

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

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

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

1. 피고인들의 공동 범행 피고인들은 2016. 8. 28. 04:40 경 창원시 성산구 C 빌딩 앞 도로에서 피해자 D(26 세) 일행과 서로 택시를 먼저 잡았다며 시비를 하던 중 피고인 A이 피해자를 밀고, 피고인들의 일행인 E이 주먹으로 피해자의 얼굴을 2회 때려 바닥에 넘어뜨리자 피고인들은 함께 발로 피해자의 몸과 얼굴을 수 회 걷어찼다.

As a result, the Defendants jointly with E put up for approximately three weeks alleys in need of treatment.

2. Defendant B committed the crime of Defendant B, at the time and place specified in paragraph 1, committed the crime, Defendant F (the age of 27) with the victim F (the age of 27) who committed the act of the above D, was able to see the victim’s left eye on one occasion by marithing the victim’s eye on one occasion, and led the victim to an internal wall and a frame that require approximately six weeks medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to damaged photographs and written diagnosis of injury;

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

(a) Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (the choice of imprisonment with prison labor);

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (joint injury point, choice of imprisonment, etc.) and Article 257(1) of the Criminal Act (Article 257(1) of the Criminal Act)

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act;

1. Article 62(1) of the Criminal Code for the Suspension of Execution (The Defendants are the first offender and the reflector, the Defendants’ age is the age, and the Defendants agreed with the victims)