beta
(영문) 부산지방법원 동부지원 2018.05.30 2018고단338

폭력행위등처벌에관한법률위반(공동상해)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. 피해자 C에 대한 상해 피고인은 2018. 1. 11. 02:50 경 부산 기장군 D에 있는 ‘E 주점 ’에서 일행인 F, G과 술을 마시던 중 H이 위 주점으로 들어와 동네 후배인 피고인, F, G과 아는 체를 하며 쳐다보자 갑자기 H에게 “ 씹할 놈 아, 뭘 쳐 다보 노, 개새끼야 ”라고 욕설을 하고, 이어서 들어온 피해자 C(43 세) 이 동네 후배인 피고인에게 아는 체를 하자 피해자에게 욕설을 하며 주먹으로 피해자의 얼굴을 1회 때리고, 계속해서 위 주점 밖으로 나간 피해자를 따라가 주먹으로 피해자의 얼굴 부위를 수회 때리고, 발로 피해자의 다리 부위를 수회 찼다.

In such a case, the Defendant inflicted bodily injury upon the victim, such as the flag of a baby requiring medical treatment for about 13 days.

2. The Defendant suffered injury to the Victim H, at the front point of the “E main point” located in a day-to-day border like paragraph 1, was prevented from putting the Defendant’s body, which is the first day of the said “E main point, and putting the Victim C, as prescribed in paragraph 1, and putting the Victim C at hand, and putting the Victim up the victim on the floor and putting the victim on the floor and putting the victim up the victim on the floor for approximately 14 weeks, thereby causing injury, such as mination and mination of the left-hand flap, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement made to H and C;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to attachment of an advanced mountain report), a criminal investigation report (as to attachment of a victim C injury diagnosis report), and a criminal investigation report (as to the major CCTV headings),

1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act committed assault to the victims without any special reason, and in particular, the victims H suffered a serious injury.

(b).