beta
(영문) 부산지방법원 2018.10.18 2018고단3999

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

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

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

Reasons

Punishment of the crime

1. At around 08:55 on June 7, 2018, the Defendants discovered the victim E (23) and their behaviors while drinking and walking alcohol on the D- way located in the Geum-gu Busan Metropolitan Government C. Defendant A, without any particular reason, took a bath for the victim without any specific reason, walked the victim’s face one time, and got the victim’s face one time, Defendant B got the victim’s face up to the floor, coming up with the victim’s face one time. Defendant A continued to take twice the victim’s face two times, and Defendant A got the victim’s face two times, and the Defendants jointly sustained the victim’s face more than three weeks, and the victim sustained injury, such as so on, a non-pelter, etc., if the victim needs to receive approximately three weeks of medical treatment.

2. On June 7, 2018, the Defendant, who committed the Defendant’s sole crime, was arrested at the front district of the Busan Geum-gu Police Station located in Geum-gu, Busan as a gold-ro 49, in order to commit the crime as described in the above 1.49, and was investigated, at the front district of the Busan Geum-gu Police Station located in Geum-gu, Busan as a gold-ro, the Defendant got arrested of flagrant offender for the same crime as described in the above 1.1., and, at the same time, damaged public goods equivalent to KRW 40,000 at the market price by receiving a 60cm m in width, 50cm in length from the wall.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of the police interrogation of the Defendants and E

1. A criminal investigation report (to be accompanied byCCTV images and photographs);

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical certificate) and a report on investigation (Attachment to a written estimate);

1. Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the co-injury of the Defendants, the choice of each imprisonment with labor), Article 141(1) of the Criminal Act (the fact that the public goods of Defendant A are damaged, and the choice of imprisonment with labor) concerning criminal facts

1. Aggravation of concurrent crimes (defendant A), 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 Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006)

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection (defendant A);

1. Application of the sentencing criteria;

A. Defendant A’s first crime (damage).