beta
(영문) 부산지방법원 동부지원 2014.10.16 2014고단715

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. 피고인들의 폭력행위등처벌에관한법률위반(공동상해) 피고인들은 2013. 1. 16. 22:00경 울산 울주군 D에 있는 ‘E’ 주점 앞 주차장에서 사업관계로 알게 된 피해자 F(51세)가 술에 취해 건방지게 군다는 이유로 화가 나, 피고인 A는 손으로 피해자의 뺨을 수 회 때리고 다시 위 주점 안에서 피해자가 여전히 건방지게 군다는 이유로 “아직도 정신을 못 차렸네.”, “꿇어 앉아.”라고 말한 뒤 이에 반항하는 피해자의 머리를 손으로 수 회 때리고, 피고인 B는 이에 가담하여 발로 피해자의 옆구리를 수 회 찼다.

As such, the Defendants jointly inflicted an injury on the victim, such as the refluoring of the refluor, which requires approximately six weeks of treatment.

2. Defendant B’s assault was a person working as security guard at Busan Shipping Daegu G Center on July 4, 2014. Around July 21, 2014, at the guard room at the first floor of the above center, the victim H (the age of 56) who was a fright witnessing the Defendant to drink and late entering the facility during working hours, and used the victim at three times the victim’s scam with scam.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment): Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment)

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: (a) the parties agreed with the victim FF under Article 62(1) of the Criminal Act; and (b) Defendant A did not have the same criminal power except for the punishment of a fine once for an injury in 2003; and (c) Defendant B had the same criminal power.