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(영문) 대구지방법원 포항지원 2017.01.12 2016고단167 (1)

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by imprisonment for 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

The defendant and B, on June 8, 2015, around 21:20, around 21:20, as a result of a trial with the victim E and workplace in front of the DPC room located in Nam-gu, Nam-gu, Seoul, and the defendant was shaking the victim’s breath, and was adjacent to it.

B made the face and shoulder of the victim several times by bad hand.

As a result, the Defendant, in collaboration with B, entered the left-hand sponsor of a 8-day off frame that requires approximately 8 weeks of treatment to the victim.

Summary of Evidence

1. B Legal statement;

1. Three-time protocol concerning the examination of the suspect of the police against the accused;

1. Each police statement made in relation to F, E, and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant laws concerning criminal facts, Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment, and the selection of punishment;

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

1. The reason for the protection and observation and the reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendation] general injury [the scope of punishment] is the mitigated area (two months or more of imprisonment or one year of imprisonment] [the person subject to special mitigation] where the victim has a considerable responsibility for the occurrence of crime or the expansion of damage, and where the victim has made a serious effort to recover damage or has recovered significant damage, / where the injured (1 and four types) is seriously disadvantageous to the victim: the degree of injury suffered by the victim is heavier.

The favorable circumstances: After the agreement was reached on the condition that a certain amount of money is paid to the victim, efforts were made to repay the damage.

First of all, the victim is responsible for the occurrence of damage and the expansion of damage, such as paying trial expenses, etc.

There is no history of punishment exceeding a fine for the accused.

Alternatively, it is against the mistake by recognizing the crime.

In addition to the above circumstances, various factors of sentencing and the scope of recommendations, such as the defendant's age, sex, environment, and circumstances before and after crimes, shall be considered.