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(영문) 대전지방법원 천안지원 2016.01.07 2015고단780

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendants are union members belonging to metal labor-management E Asan Branch, and victim F(49) is multiple union members.

On April 1, 2014, at around 21:57, the Defendants: (a) within production E production 2 and workplace located in Asan City G, and (b) Defendant B, without any reason under the influence of alcohol, had the victim work at that place, walked once a part of the victim’s back to the part of the victim’s back to the victim’s back to the end, (b) 3 to 4 times the victim’s face by drinking, and (c) Defendant A had the victim’s face at one to two times by drinking.

As a result, the defendants jointly damaged the victim's face value requiring treatment for about 14 days.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each statement by the witness F, H, I, and J;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police with F and H;

1. A photo of the injured part of the victim, or a photo of the injured part;

1. Investigation report (Submission and report of data related to the suspect B, attachment and report of the criminal suspect's shot statement, and report of the witness's K phone recording);

1. Application of Acts and subordinate statutes to record recording of field circumstances;

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense; Article 257 (1) of the Criminal Act; Article 257 of the Criminal Act; the choice of imprisonment;

1. Reasons for sentencing under Article 62(1)(e) of the Criminal Act for the suspension of execution [the scope of recommending punishment] (Article 62(1)(e) of the Act on the Punishment of Specific Crimes (Article 62(1)(e) [Article 62(1)(e) of the Act on the Punishment of Specific Crimes (Article 62(1)1 of the Act on the Punishment of Specific Crimes (Article 62(1)-1 year)] (Article 7(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the same Act on the Punishment of Specific Crimes (Article 62(1)-1 year)]