beta
(영문) 부산지방법원 서부지원 2017.09.20 2017고단693

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The Defendant, a organized violence organization, was sentenced to six months of imprisonment with prison labor for the crime of injury, etc. at the Busan District Court on January 13, 2017, and is currently serving in the Busan Detention House.

Joint Defendant C is a member of the “lurty strike,” which is a organized violence organization, and is currently serving in the detention center in Busan.

피고인과 공동 피고인 C은 2017. 4. 10. 19:40 경 부산 사상구 학 장로 268에 있는 부산 구치소 D에서, 그곳에 함께 수용되어 있는 피해자 E(56 세) 이 혼잣말로 욕설을 하자, 피고인은 짜증이 난다는 이유로 자리에서 일어나 앉아 있는 피해자의 몸통 부위를 발로 1회 힘껏 걷어차고, 피해자의 머리와 얼굴을 번갈아가며 발로 수회 걷어찼다.

계속하여 공동 피고인 C은 피고인 A으로부터 “ 쟤 좀 어떻게 해봐 라” 는 말을 듣자마자 손으로 피해자의 머리를 붙잡아 바닥에 쓰러져 있는 피해자를 일으켜 앉힌 후, 힘없이 고개를 숙인 채로 앉아 있는 피해자의 얼굴을 발로 1회 힘껏 걷어찼다.

As a result, the defendant and the joint defendant C jointly inflicted injury on the victim, such as the closed mind and floor cutting that require treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the public prosecutor against jointly accused C;

1. Statement made by the police for E;

1. Application of the legislation in its opinion;

1. Grounds for imposing a sentence under Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and Article 257 of the Criminal Act, the sentencing of a sentence of imprisonment for a crime;

1. Scope of recommended punishment: In the event that a person led or led a crime in the area of special aggravation (from June to three years) (special aggravation) (in the case of special aggravation), serious injury (1, 4 types);

2. The Defendant, who was sentenced to sentence, committed the instant crime among several crimes of the same kind.

In addition, one co-defendant C may assault the victim, and the victim will be the victim's accident.