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(영문) 부산지방법원 2017.05.30 2016고단6570

폭력행위등처벌에관한법률위반(공동상해)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 20, 2016, the Defendant was sentenced to imprisonment with prison labor for an indecent act committed by Busan High Court on the part of two years and six months, and the judgment became final and conclusive on July 28, 2016.

[2] On March 30, 2016, the Defendant and C (a disposition of suspension of indictment on October 31, 2016) met in the “F” restaurant located in Busan-gu, Busan-gu, with an employee as an employee, on March 30, 2016, the Defendant and C (a disposition of suspension of indictment on October 31, 2016) met with the employee, and the victim G (23 tax) frequently opened the toilets for the victim as an employee to the said “F” restaurant and attached the victim’s happiness and vision.

On March 30, 2016, around 10:15, the Defendant and C set the 'F' restaurant as above, and the victim 'F', but the Defendant took the head debt of the victim, took the her head debt on several occasions by hand, and C took the her face and body several times by combining it.

As a result, the Defendant, in collaboration with C, inflicted an injury on the right side, the surface, salt, etc. in need of approximately two weeks of medical treatment, and at the same time destroyed 9.50,00 won of the market price owned by the victim, and damaged the victim's counter-owned land by KRW 1.80,000 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Statement made by the police against the victim;

1. A damaged photograph;

1. An investigation report (including evidence attached thereto, each time for 4, 10, 15, and each time);

1. Previous conviction in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including evidence attached thereto, which is annually 14);

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) concerning a crime, Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of joint damage)

1. Selection of each sentence of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.