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(영문) 춘천지방법원 강릉지원 2014.07.17 2014고단290

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

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

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On October 7, 2013, the Defendants violated the Punishment of Violences, etc. Act (joint injury) caused the victim by opening the entrance at around the house of the victim E (33 years of age) of the D apartment OOO-dong DOOO-dong DOOOO-dong, Gangnam-si around 03:0 on October 7, 2013, and the victim refused to return the security deposit by leaving the building not owned by himself/herself lease to the Defendant B. As such, Defendant A was able to kill the victim’s breath and take the breath, left breast, left breast, right door, etc. by drinking, and Defendant B was able to take the victim’s face, chest, back, back, etc. with drinking.

As a result, the Defendants jointly inflicted injury on the victim, such as inside the left-hand side of the victim in need of medical treatment for about four weeks.

2. The Defendants violated the Punishment of Violences, etc. Act (joint residence) and entered the victim’s house entrance door at the time and place specified in paragraph (1).

Accordingly, the Defendants jointly intruded upon the victim’s residence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Some statements in the suspect examination protocol of Defendant B by the prosecution

1. The Defendants’ partial statements among each protocol of interrogation of each police officer against the Defendants

1. Statement No. E in the police suspect interrogation protocol (No. 2) of Defendant B;

1. Statement to E by the police;

1. A medical certificate;

1. Bodily damaged photo;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (the point of joint residence intrusion) concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;