beta
(영문) 대구지방법원 2016.08.10 2015고정2972

상해

Text

The sentence of each sentence against the Defendants shall be suspended.

Of the facts charged in this case, assault against Defendant B is committed.

Reasons

Punishment of the crime

1. Defendant B and Defendant C entered the front of the elevator, even if the victim was waiting for the victim to have his/her parent at the center of the victim A, who was found at the 2nd entrance of the F Apartment-gu, Daegu apartment on October 10, 2015, at around 09:00, and at the 2nd entrance of the middle-gu, Daegu-gu, Daegu-gu, Daegu-gu, as well as the Defendant C, to keep the victim from getting off and getting out of the entrance, even if the victim was waiting for the victim to have his/her parent at the seat of the victim A, and the victim was waiting for the victim from getting out of the entrance.

Despite the phrase, the victim continued to enter the victim and continued to enter the victim.

As a result, the Defendants jointly intruded into the apartment space with the common access space of the residents, including the victim, thereby harming the peace of residence.

2. Defendant A, at the time, at the place specified in paragraph 1, the victim B (the 55 years old age), and the victim C (the 29 years old age), as above, prevented the victims from entering the front door, take two people's arms several times, tightly sealed the victim C with the wall, and put the victim C into the wall for treatment for about 21 days, respectively, and led the victim B to light dump dump, which requires treatment for about 21 days.

Summary of Evidence

[Defendant B, C]

1. Part of the Defendants’ respective legal statements

1. A legal statement of a witness;

1. Investigation report (related to on-site verification) (Defendant A);

1. Part of the defendant's legal statements;

1. Each legal statement of witness B and C;

1. An investigation report (related to submission of a written confirmation of medical treatment by a complainant C), an investigation report (related to on-site verification);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 257(1) of the Criminal Act and the choice of fines

B. Defendant B and C: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, and selection of fines

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. The type to be suspended;

(a) Defendant A: Fines of one million won;

B. Defendant C, .