폭력행위등처벌에관한법률위반(공동상해)
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
Punishment of the crime
피고인들은 2012. 9. 21. 17:30경 서울 중구 D에 있는 피고인 B 운영의 E 내에서, 평소 피해자 F(45세)에 대해 좋지 않은 이야기를 하였다는 문제로 피해자와 말다툼을 벌이던 중, 피고인 B는 피해자의 등을 밀쳐 바닥에 넘어뜨리고 재차 피해자의 머리를 잡아 바닥에 넘어뜨리고, 피고인 A은 피해자의 목부분을 잡아 흔들고 피해자의 머리를 잡아 바닥에 넘어뜨린 후 넘어진 피해자의 다리를 걷어찼다.
As a result, the Defendants jointly put up the lower part of the lower part of the upper part of the 90-day retirement frame, which requires treatment to the victim for about 90 days.
Summary of Evidence
1. Legal statement of witness F;
1. Some of the statements made by the prosecution against the defendant A concerning the suspect interrogation protocol;
1. Some statements concerning the Defendants in the police interrogation protocol
1. Control note;
1. Investigation report (Attachment of medical record attached and relative investigation into the issuance of a medical certificate);
1. Responses to the request for appraisal;
1. The Defendants asserted that the Defendant did not inflict any injury on the victim.
However, the following facts acknowledged by the evidence are consistent with the medical records, namely, the victim: (a) was faced with knee, knee, knee, and Defendant A committed an act of assaulting the victim’s flaps, etc.; (b) this is consistent with the medical records to the effect that the victim, after the crime of this case, was transported by the Red Cross Hospital that was transferred by the 119 first aid unit after the crime of this case; (c) Defendant A left the place before the police arrive without any justifiable reason even though the victim was able to live on the part of the Defendant B, who was her mother, after the body fighting with the victim; and (d) the Defendants asserted that the victim’s injury was caused by the previous traffic accident, but they sustained the victim.