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(영문) 대구지방법원 2016.09.22 2016고단2815

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

B and Defendant A are two balls, and Defendant B, together with the victim C (V, 20 years of age), was enrolled in the second grade of the E University Nursing Department D in Gyeongbuk-gun, Gyeongbuk-do, and was living together with the above university dormitory FF 714, and did not seem to have conflict with the above university due to the nature difference.

On December 10, 2015, at around 21:20, the Defendants discarded waste 714 of the dormitory, and Defendant B took the face and body of the victim due to drinking or gas supply, and Defendant A took the face of the victim due to drinking or gas supply.

As a result, the Defendants jointly conducted a luxal dynasium and dysium that require approximately three weeks of treatment to the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes to the medical certificate of injury (No. 5 list of evidence), report on internal death (the statement of shots, etc.);

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

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing conditions stated in the records of the instant case, such as the age, sex, family relation, family relation, home environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, shall be determined in full view of the following circumstances: (a) the sentence is ordered as ordered.

Unfavorable circumstances: the Defendants jointly used a non-discriminatory violence against the victim, and the nature of the crime is not that of this case.

The defendants agreed with the victim only smoothly.

Defendants have shown their attitude to reflect their mistakes as a primary offender.