beta
(영문) 서울남부지방법원 2015.06.10 2014고단2493 (1)

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C On March 28, 2014, around 12:45, at the " Mobile Communications Agency" located in Guro-gu Seoul Metropolitan Government D, the said agency's employee and the victim E (the age of 39) visited the said agency, who heard the end that the said employee and the head of the said agency are wraped, but the said agency called the “F” who had performed drinking at the restaurant near the said agency and got off the phone to the said agency.

After F and G arrive at the above agency, C took the victim's face and head at one time by hand, and F took the victim's face and head at one time by drinking, respectively, and C, F, and G took the victim out of the above agency and took the victim several times, respectively.

The defendant and H continued to combine this with it, and the victim's face, distribution, etc. have been made several times due to drinking and growth.

As a result, the Defendant, together with C, G, F, and H, inflicted an injury on the victim, such as a spath of a baby who needs approximately 29 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of suspect C by the prosecution;

1. A protocol concerning the examination of each police suspect against the defendant, G, F, and H;

1. Statement of the police statement of E;

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

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Four months to one year and six months from the date of imprisonment with prison labor on the sentencing guidelines (crime group, general injury, Type 1 (general injury), and basic area);

2. The Defendant, who was sentenced to the sentence, inflicted an injury on the victim jointly with other accomplices, and the degree of the injury inflicted on the victim is not that of the victim, and has not reached an agreement with the victim until now.

However, the defendant seems to have participated in the crime of this case by contingent, and the punishment shall be determined as ordered in consideration of the fact that there is no criminal power in Korea and the equality in the punishment with other accomplices.