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(영문) 대구지방법원 2020.11.18 2020고단5012

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

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

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

On May 1, 2020, at around 04:20, the Defendants argued that the victim D (manam and 30 years of age) who had drinking alcohol in front of the building of Daegu Jung-gu, Daegu, would be melting the Defendants, and that they would be melting with each other. Defendant A, in his/her hand, was floated and floated, was floated, and floated and floatd by drinking, and floated the face of D having gone beyond the floor.

Accordingly, the victim E(ma, 30 years of age) of friendly job offering victim E(E, South and 30 years of age) took part in the face of E with Defendant A's maritha and her hand over the back of E with his hand, and followed up the face of E several times.

On the other hand, Defendant B added the body of D to the upper upper part of D's body, breaking it over the upper part of D's body, breaking it over D's arms into the upper part of D's body, and prevented the Defendant A, and turned it over to the upper part of D's body, and took the face of D's face by drinking.

As a result, the Defendants jointly inflicted bodily injury on D, such as tysheshes and sheshesheshes, which requires approximately 14 days of medical treatment, and Defendant A inflicted bodily injury on E, such as shesing the balshes and sheshes, requiring medical treatment for approximately 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police statement of injury to D and E;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act (the point of joint injury) and the choice of imprisonment with prison labor

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

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

1. The scope of recommended sentences according to the sentencing criteria (Defendant A);

(a) Class 1 crime [Violation of the Punishment of Violences, etc. Act (joint injury)] [Determination of type] and the general injury to a violent crime (Type 1].