beta
(영문) 울산지방법원 2017.11.15 2017고단2022

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by a fine of 70,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

On January 8, 2017, at around 07:55, the Defendants were under the influence of alcohol in Ulsan-gu C, Ulsan-gu, and the victim E (19 years of age) and Si expenses are under the influence of alcohol on the front side of D, and Defendant A took once with the hand floor of the victim, and Defendant B her faceed with the breath of the victim’s buck.

As a result, the Defendants jointly inflicted an injury on the victim, such as a dushe, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. G statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 (2) of the Punishment of Violences, etc., Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 2 of the fine against Defendant A (see, e.g.,

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Suspension of execution (referring to the part favorable to the following reasons for sentencing): Article 62(1) of the Criminal Act

1. Protective observation and community service order Defendant B: Article 62-2 of the Criminal Act;

1. Defendant A with a provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Sentencing criteria;

A. As Defendant A’s fine was selected, the sentencing guidelines do not apply.

B. Defendant B [Scope of Recommendation] General Injury Nos. 1 (General Injury) and no basic area (from April to January 6) (Special Sentencing Person) exists.

2. Based on the above sentencing criteria based on the above sentencing criteria, the sentencing factors of individual defendants, including the following circumstances, their age, sex, environment, and motive for crimes, shall be determined as ordered:

A. In a case where the victim made a confession favorable to Defendant A, and agreed with the victim to reflect, and the degree of participation that the victim did not want the punishment of the defendant, was subject to a disposition of suspension of indictment for the same kind of crime, as the degree of injury suffered by the victim at the disadvantage of the first offender is not small.

B. Defendant B confession.